Bill Text: IL HB0788 | 2025-2026 | 104th General Assembly | Engrossed
Bill Title: Creates the Textured Hair Licensing Act. Provides for the licensure of cirrologists, cirrology schools, and cirrology teachers. Defines cirrology as the distinct, nonchemical field of professional study and practice dedicated to the care, treatment, maintenance, styling, preservation, and management of textured hair and scalp health through culturally informed, health-centered, and nonchemical methods. Provides that the primary pathway to licensure as a licensed cirrologist shall be successful completion of a licensed cirrology school program consisting of not less than 600 clock hours of instruction and supervised practical training in the required areas of study established under the Act. Provides for an apprenticeship pathway to licensure if the applicant meets certain requirements. Provides the license renewal requirements for licensed cirrologists. Provides that during an 18-month transition period, any person holding an active Illinois hair braider license in good standing shall be eligible for automatic transition into the corresponding cirrology licensure category for renewal purposes. Establishes a cirrology apprenticeship program that operates through a 3-way partnership among: (1) an approved apprenticeship partner that provides related instruction, educational support, or pre-apprenticeship preparation; (2) an approved partner employer that provides paid on-the-job training and workplace experience; and (3) a supervising licensed cirrologist or licensed cirrology teacher responsible for oversight of practical training and competency development. Provides the license renewal requirements for licensed cirrology teachers. Establishes the Board of Cirrology within the Department of Financial and Professional Regulation. Sets forth the membership of the Board and powers and duties of the Board. Sets forth provisions concerning the scope of practice of cirrology; prohibited acts and excluded services; title protection; qualifications for licensure; continuing education; the registration of cirrology shops; powers and duties of the Department; discipline of licensees; and transfer of hair braiding regulation. Provides that all hair braider license expiration and renewal dates of October 31 for even-numbered years shall automatically apply to the corresponding cirrology license category during the transition period until superseded by law or rule adopted under the Act. Provides limitations to transition requirements adopted under a specific provision of the Act. Establishes an 18-month transition period during which the Department shall implement the Act in a manner that preserves continuity of lawful practice, instruction, school operation, continuing education activity, business operation, renewal, and public protection. Amends the Regulatory Sunset Act. Provides that the Textured Hair Licensing Act is repealed January 1, 2031. Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Changes the short title to the Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985 and changes corresponding references to the Act throughout the statutes. Repeals provisions concerning hair braiding licenses, and removes references to licensed hair braiding throughout the Act. Makes conforming changes. Effective immediately, except that the changes to the Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985 and the corresponding changes throughout the statutes are effective 18 months after becoming law.
Sponsorship: Partisan Bill (Democrat 8)
Status: (Engrossed - Dead) 2026-05-21 - Added Co-Sponsor Rep. Mary Beth Canty [HB0788 Detail]
Download: Illinois-2025-HB0788-Engrossed.html
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| 1 | AN ACT concerning regulation. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Textured Hair Licensing Act. | ||||||
| 6 | Section 2. Legislative findings and purpose. | ||||||
| 7 | (a) The General Assembly finds that: | ||||||
| 8 | (1) Textured hair care is a distinct field tied to | ||||||
| 9 | public health, identity, and cultural practice. | ||||||
| 10 | (2) Current licensure structures have historically | ||||||
| 11 | failed to center textured hair education. | ||||||
| 12 | (3) Women of color and impacted communities have faced | ||||||
| 13 | barriers to licensure, training, and safe culturally | ||||||
| 14 | competent services. | ||||||
| 15 | (4) Consumers need clearer sanitation, safety, and | ||||||
| 16 | accountability standards. | ||||||
| 17 | (5) Illinois needs a stand-alone field that supports | ||||||
| 18 | access, workforce development, and consumer protection. | ||||||
| 19 | (6) Textured hair care practices involve direct | ||||||
| 20 | contact with the scalp and growing hair, including | ||||||
| 21 | prolonged tension styling, extension installation, and | ||||||
| 22 | scalp treatments. When performed improperly or without | ||||||
| 23 | adequate sanitation practices, these services may | ||||||
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| 1 | contribute to scalp disorders, traction alopecia, | ||||||
| 2 | folliculitis, and other preventable health conditions. | ||||||
| 3 | (7) Establishing professional standards for textured | ||||||
| 4 | hair services promotes safe practices, sanitation | ||||||
| 5 | education, and consumer protection. | ||||||
| 6 | (b) The purposes of this Act are to: | ||||||
| 7 | (1) establish cirrology as a separate licensing field; | ||||||
| 8 | (2) regulate textured hair care through its own | ||||||
| 9 | standards; | ||||||
| 10 | (3) create licensure for practitioners, teachers, | ||||||
| 11 | schools, sponsors, salons, shops, apprenticeship sites, | ||||||
| 12 | partners, and employers; | ||||||
| 13 | (4) support school-based education, paid | ||||||
| 14 | apprenticeships, and transition from current braiding | ||||||
| 15 | structures; | ||||||
| 16 | (5) repeal or transfer hair braiding references from | ||||||
| 17 | the Barber, Cosmetology, Esthetics, Hair Braiding, and | ||||||
| 18 | Nail Technology Act of 1985 into this Act; and | ||||||
| 19 | (6) support collaboration with community colleges, | ||||||
| 20 | high schools, workforce systems, and approved partner | ||||||
| 21 | employers. | ||||||
| 22 | Section 3. Definitions. As used in this Act: | ||||||
| 23 | "African hair braiding" or "traditional African hair | ||||||
| 24 | braiding" means hair braiding practices rooted in African | ||||||
| 25 | cultural, ancestral, or traditional methods of arranging | ||||||
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| 1 | textured hair by braiding, cornrowing, plaiting, twisting, | ||||||
| 2 | weaving, wrapping, locking, extending, or similar nonchemical | ||||||
| 3 | techniques, whether performed with natural hair, extensions, | ||||||
| 4 | thread, fibers, or other lawful materials consistent with this | ||||||
| 5 | Act. | ||||||
| 6 | "Approved apprenticeship partner" means an institution, | ||||||
| 7 | program, or organization approved by the Department under this | ||||||
| 8 | Act to collaborate in hosting, supporting, coordinating, or | ||||||
| 9 | providing related instruction for a cirrology apprenticeship | ||||||
| 10 | program. An approved apprenticeship partner may include, but | ||||||
| 11 | is not limited to, a community college, high school, career | ||||||
| 12 | and technical education program, licensed school, nonprofit | ||||||
| 13 | training provider, workforce training organization, or other | ||||||
| 14 | approved educational or community-based partner. | ||||||
| 15 | "Approved continuing education sponsor" means a person, | ||||||
| 16 | school, business, institution, association, organization, or | ||||||
| 17 | other entity approved by the Department under this Act to | ||||||
| 18 | offer continuing education in cirrology, textured hair care, | ||||||
| 19 | sanitation, safety, law, business practices, educator | ||||||
| 20 | development, or related professional subjects authorized under | ||||||
| 21 | this Act. | ||||||
| 22 | "Approved partner employer" means a person, business, | ||||||
| 23 | organization, or approved work site authorized by the | ||||||
| 24 | Department under this Act to employ and provide paid | ||||||
| 25 | on-the-job training to an apprentice enrolled in a cirrology | ||||||
| 26 | apprenticeship program under the supervision required by this | ||||||
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| 1 | Act. "Approved partner employer" includes, but is not limited | ||||||
| 2 | to, a registered cirrology shop or another Department-approved | ||||||
| 3 | work site capable of providing supervised training within the | ||||||
| 4 | lawful scope of practice established by this Act. | ||||||
| 5 | "Board" or "Board of Cirrology" means the Board of | ||||||
| 6 | Cirrology created under this Act. | ||||||
| 7 | "Cirrology" means the distinct, nonchemical field of | ||||||
| 8 | professional study and practice dedicated to the care, | ||||||
| 9 | treatment, maintenance, styling, preservation, and management | ||||||
| 10 | of textured hair and scalp health through culturally informed, | ||||||
| 11 | health-centered, and nonchemical methods. "Cirrology" includes | ||||||
| 12 | the theory and practice of textured hair care, natural hair | ||||||
| 13 | care, braiding, loc care, protective styling, and related | ||||||
| 14 | services within the scope authorized by this Act. | ||||||
| 15 | "Cirrology apprenticeship program" means the continuing | ||||||
| 16 | apprenticeship agreement under this Act through which an | ||||||
| 17 | enrolled apprentice receives paid on-the-job training, related | ||||||
| 18 | instruction, supervision, evaluation, and competency | ||||||
| 19 | development toward licensure as a cirrologist. A cirrology | ||||||
| 20 | apprenticeship program shall be carried out in collaboration | ||||||
| 21 | with an approved partner employer and, where applicable, an | ||||||
| 22 | approved apprenticeship partner, under the supervision | ||||||
| 23 | required by this Act. | ||||||
| 24 | "Cirrologist" or "textured hair specialist" means a person | ||||||
| 25 | who engages in the practice of cirrology and who is licensed or | ||||||
| 26 | otherwise authorized under this Act to provide textured hair | ||||||
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| 1 | care services within the lawful scope of practice established | ||||||
| 2 | by this Act. | ||||||
| 3 | "Department" means the Department of Financial and | ||||||
| 4 | Professional Regulation. | ||||||
| 5 | "Enrollment agreement" means a written agreement, | ||||||
| 6 | contract, disclosure, or other document executed between a | ||||||
| 7 | student and a licensed cirrology school that identifies the | ||||||
| 8 | program of instruction, tuition, fees, length of program, | ||||||
| 9 | refund policy, attendance standards, completion requirements, | ||||||
| 10 | and other terms of enrollment required by this Act or by rule. | ||||||
| 11 | "Good standing" means, when used with respect to a person | ||||||
| 12 | or entity credentialed, approved, or registered under this Act | ||||||
| 13 | or prior law, that the credential, approval, or registration | ||||||
| 14 | is active, valid, not expired, and not currently revoked, | ||||||
| 15 | suspended, surrendered in lieu of discipline, or otherwise | ||||||
| 16 | subject to a disciplinary restriction that would prohibit | ||||||
| 17 | lawful practice, instruction, operation, or approval status. | ||||||
| 18 | "Hair braiding" means the practice of interweaving, | ||||||
| 19 | twisting, wrapping, plaiting, cornrowing, extending, locking, | ||||||
| 20 | looping, lacing, sewing, or otherwise arranging natural hair, | ||||||
| 21 | natural fibers, synthetic fibers, thread, or extensions into | ||||||
| 22 | braids, twists, rows, woven patterns, or related nonchemical | ||||||
| 23 | styles. | ||||||
| 24 | "Hair locking" or "hair loc'ing" means the nonchemical | ||||||
| 25 | forming, cultivating, shaping, maintaining, grooming, | ||||||
| 26 | interlocking, palm rolling, twisting, separating, repairing, | ||||||
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| 1 | retightening, or otherwise managing hair that has been formed | ||||||
| 2 | or maintained into locs, locks, or similar naturally matted or | ||||||
| 3 | intentionally cultivated formations within the scope | ||||||
| 4 | authorized by this Act. | ||||||
| 5 | "Licensed cirrologist" means an individual licensed by the | ||||||
| 6 | Department under this Act to practice cirrology for | ||||||
| 7 | compensation. | ||||||
| 8 | "Licensed cirrology teacher" means an individual licensed | ||||||
| 9 | by the Department under this Act to teach cirrology theory or | ||||||
| 10 | practice, supervise cirrology students in an approved | ||||||
| 11 | educational setting, or otherwise provide instruction | ||||||
| 12 | authorized under this Act. | ||||||
| 13 | "Licensed cirrology school" means a school, institution, | ||||||
| 14 | or approved educational entity licensed by the Department | ||||||
| 15 | under this Act to provide a cirrology course of instruction | ||||||
| 16 | and related educational functions authorized under this Act. | ||||||
| 17 | "Mobile salon or shop" means a movable, portable, or | ||||||
| 18 | vehicle-based business unit from which cirrology services are | ||||||
| 19 | provided for compensation, if authorized by the Department | ||||||
| 20 | under this Act and rules adopted under this Act. | ||||||
| 21 | "Natural hair care" means the nonchemical cleansing, | ||||||
| 22 | conditioning, moisturizing, detangling, treating, | ||||||
| 23 | maintaining, managing, preserving, and supporting of natural | ||||||
| 24 | textured hair and scalp health without the use of chemical | ||||||
| 25 | processes that permanently alter the natural structure of the | ||||||
| 26 | hair shaft. | ||||||
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| 1 | "Natural hair styling" or "natural styling" means the | ||||||
| 2 | nonchemical styling, shaping, arranging, stretching, defining, | ||||||
| 3 | setting, finishing, dusting, trimming, light contouring, or | ||||||
| 4 | otherwise styling of natural textured hair, including twists, | ||||||
| 5 | twist-outs, braid-outs, wash-and-go styling, roller sets, rod | ||||||
| 6 | sets, palm rolling, finger styling, and similar methods | ||||||
| 7 | authorized under this Act. | ||||||
| 8 | "Pre-apprenticeship program" means a preparatory training | ||||||
| 9 | program approved or recognized by the Department under this | ||||||
| 10 | Act that provides foundational instruction, work-readiness | ||||||
| 11 | training, career exposure, supportive services, or related | ||||||
| 12 | preparation for entry into a cirrology apprenticeship program. | ||||||
| 13 | "Protective hair styling" means the nonchemical styling of | ||||||
| 14 | natural or extension-based textured hair in a manner intended | ||||||
| 15 | to preserve hair health, reduce manipulation, support growth | ||||||
| 16 | retention, improve manageability, or protect the hair from | ||||||
| 17 | breakage, dryness, friction, or environmental stress. | ||||||
| 18 | "Protective hair styling" includes, but is not limited to, | ||||||
| 19 | braids, twists, cornrows, loc styles, extension-supported | ||||||
| 20 | styles, wraps, and similar techniques consistent with this | ||||||
| 21 | Act. | ||||||
| 22 | "Registered cirrology shop" means any fixed location, | ||||||
| 23 | suite, salon, shop, or other registered place of business, and | ||||||
| 24 | any mobile unit if authorized by rule, that is registered | ||||||
| 25 | under this Act for the performance of cirrology services for | ||||||
| 26 | compensation. | ||||||
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| 1 | "Related instruction" means classroom, laboratory, online, | ||||||
| 2 | or supervised educational instruction approved under this Act | ||||||
| 3 | and provided by an approved partner, licensed cirrology | ||||||
| 4 | school, or other provider approved by the Department upon | ||||||
| 5 | recommendation of the Board. | ||||||
| 6 | "Secretary" means the Secretary of Financial and | ||||||
| 7 | Professional Regulation. | ||||||
| 8 | "Student" means a person enrolled in a licensed cirrology | ||||||
| 9 | school or other approved cirrology educational program under | ||||||
| 10 | this Act for the purpose of completing the required course of | ||||||
| 11 | study, practical training, or other educational requirements | ||||||
| 12 | for licensure. | ||||||
| 13 | "Textured hair" means hair commonly characterized by | ||||||
| 14 | waves, curls, coils, kinks, tight curl patterns, or similar | ||||||
| 15 | natural formation, including hair types historically | ||||||
| 16 | associated with African, African American, Afro-descendant, | ||||||
| 17 | multicultural, curly, coily, kinky, and other naturally | ||||||
| 18 | textured hair patterns. | ||||||
| 19 | "Textured hair services" or "textured hair care" means the | ||||||
| 20 | nonchemical care, treatment, maintenance, styling, | ||||||
| 21 | preservation, manipulation, and management of textured hair | ||||||
| 22 | and scalp health within the scope authorized by this Act, | ||||||
| 23 | including consultation, cleansing, conditioning, | ||||||
| 24 | moisturizing, detangling, natural styling, braiding, loc care, | ||||||
| 25 | protective styling, extension-based textured styling, client | ||||||
| 26 | education, and related nonchemical services. | ||||||
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| 1 | Section 4. Scope of practice of cirrology. | ||||||
| 2 | (a) General scope. The practice of cirrology under this | ||||||
| 3 | Act consists of the professional, nonchemical care, study, | ||||||
| 4 | treatment, styling, maintenance, preservation, and management | ||||||
| 5 | of textured hair and scalp health for compensation. Cirrology | ||||||
| 6 | is a distinct field of practice dedicated to textured hair | ||||||
| 7 | care through culturally informed, health-centered, and | ||||||
| 8 | nonchemical methods. | ||||||
| 9 | (b) Authorized practice. A person licensed under this Act | ||||||
| 10 | as a cirrologist may perform textured hair services within the | ||||||
| 11 | scope authorized by this Section and as otherwise provided by | ||||||
| 12 | this Act and rules adopted under this Act. | ||||||
| 13 | (c) Authorized services. The scope of practice of | ||||||
| 14 | cirrology includes, but is not limited to, the following | ||||||
| 15 | services when performed within the nonchemical scope of this | ||||||
| 16 | Act: | ||||||
| 17 | (1) consulting with clients regarding hair texture, | ||||||
| 18 | curl pattern, scalp condition, styling goals, maintenance | ||||||
| 19 | needs, protective styling options, service planning, and | ||||||
| 20 | home-care practices; | ||||||
| 21 | (2) performing visual scalp analysis, texture | ||||||
| 22 | assessment, strand assessment, porosity observation, | ||||||
| 23 | density observation, and general nonmedical evaluation of | ||||||
| 24 | the hair and scalp for purposes of service selection, | ||||||
| 25 | maintenance planning, and referral when appropriate; | ||||||
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| 1 | (3) shampooing, cleansing, conditioning, | ||||||
| 2 | moisturizing, steaming, detangling, drying, and otherwise | ||||||
| 3 | preparing textured hair and scalp by nonchemical means; | ||||||
| 4 | (4) applying nonchemical scalp and hair treatments, | ||||||
| 5 | including botanical, herbal, oil-based, water-based, | ||||||
| 6 | moisture-based, and other nonpenetrating product | ||||||
| 7 | applications intended to support scalp comfort, manage | ||||||
| 8 | dryness, improve hair manageability, preserve moisture, | ||||||
| 9 | reduce breakage, or maintain textured hair health; | ||||||
| 10 | (5) performing natural hair styling and maintenance | ||||||
| 11 | services, including wash-and-go styling, twist-outs, | ||||||
| 12 | braid-outs, roller sets, rod sets, finger styling, comb | ||||||
| 13 | twisting, palm rolling, wrapping, molding by nonchemical | ||||||
| 14 | means, stretching by nonchemical means, and other | ||||||
| 15 | nonchemical textured hair styling methods; | ||||||
| 16 | (6) performing hair braiding and African-style hair | ||||||
| 17 | braiding, including braiding, cornrowing, plaiting, | ||||||
| 18 | extending, lacing, looping, weaving, wrapping, sewing, | ||||||
| 19 | interlacing, interweaving, and twisting with human hair, | ||||||
| 20 | natural fibers, synthetic fibers, thread, or hair | ||||||
| 21 | extensions; | ||||||
| 22 | (7) performing protective styling services, including | ||||||
| 23 | individual braids, cornrows, flat twists, two-strand | ||||||
| 24 | twists, multi-strand twists, knotting techniques, | ||||||
| 25 | extension-based textured styles, and similar nonchemical | ||||||
| 26 | styles intended to preserve hair health, manageability, or | ||||||
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| 1 | appearance; | ||||||
| 2 | (8) performing hair locking, loc cultivation, loc | ||||||
| 3 | maintenance, loc grooming, loc repair by nonchemical | ||||||
| 4 | means, interlocking, palm rolling, twisting, wrapping, | ||||||
| 5 | separation, retightening by approved nonchemical methods, | ||||||
| 6 | and other natural locking services consistent with this | ||||||
| 7 | Act; | ||||||
| 8 | (9) performing the installation, preparation, | ||||||
| 9 | placement, adjustment, maintenance, trimming, blending, | ||||||
| 10 | and removal of extensions, sewn-in extensions, wefts, | ||||||
| 11 | wraps, wigs, nonsurgical hair replacement units, and | ||||||
| 12 | similar additions to the hair, when performed within the | ||||||
| 13 | nonchemical scope of this Act; | ||||||
| 14 | (10) performing sectioning, parting, trimming, | ||||||
| 15 | shaping, dusting, light contouring, end maintenance, and | ||||||
| 16 | limited adjustment of textured hair or added hair when | ||||||
| 17 | performed solely to preserve the health, shape, balance, | ||||||
| 18 | or finish of natural textured styles, braids, twists, | ||||||
| 19 | locs, extensions, or protective styles, and not as a | ||||||
| 20 | barbering or precision haircutting service; | ||||||
| 21 | (11) performing takedown, removal, unraveling, and | ||||||
| 22 | service completion for braids, twists, locs, extensions, | ||||||
| 23 | wraps, and similar textured hairstyles, together with | ||||||
| 24 | detangling, cleansing, conditioning, and restoration of | ||||||
| 25 | the hair following such removal; | ||||||
| 26 | (12) performing finishing services associated with | ||||||
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| 1 | textured hair care, including drying, setting, separating, | ||||||
| 2 | fluffing, shaping, polishing, edge finishing by | ||||||
| 3 | nonchemical means, and final styling of natural or | ||||||
| 4 | protective hairstyles; | ||||||
| 5 | (13) instructing and educating clients regarding | ||||||
| 6 | textured hair care, scalp maintenance, style preservation, | ||||||
| 7 | service intervals, cleansing practices, product selection, | ||||||
| 8 | moisture retention, low-manipulation care, protective | ||||||
| 9 | styling care, loc care, takedown procedures, and safe home | ||||||
| 10 | maintenance; and | ||||||
| 11 | (14) performing any other nonchemical service, | ||||||
| 12 | technique, or procedure approved by rule of the Department | ||||||
| 13 | upon recommendation of the Board, provided that the | ||||||
| 14 | service is consistent with the purpose, public safety | ||||||
| 15 | standards, and nonchemical scope of this Act. | ||||||
| 16 | (d) Cultural and protective practices. The practice of | ||||||
| 17 | cirrology includes textured hair-specific methods and | ||||||
| 18 | culturally rooted practices historically used for the care, | ||||||
| 19 | maintenance, styling, preservation, and presentation of | ||||||
| 20 | textured hair, including braids, locs, twists, cornrows, | ||||||
| 21 | wraps, and similar protective or natural hairstyles, so long | ||||||
| 22 | as the practices are performed within the health, sanitation, | ||||||
| 23 | and nonchemical limits of this Act. | ||||||
| 24 | (e) Tools, products, and methods. A cirrologist may use | ||||||
| 25 | nonchemical products, tools, instruments, and methods | ||||||
| 26 | reasonably necessary to perform services authorized under this | ||||||
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| 1 | Act, including combs, clips, shears for trimming, shaping, | ||||||
| 2 | dusting, light contouring, or end maintenance within the | ||||||
| 3 | limited scope permitted by this Act, hairpins, thread, needles | ||||||
| 4 | for sewing extensions or units, rollers, rods, dryers, | ||||||
| 5 | steamers, locking tools, sectioning tools, and other | ||||||
| 6 | nonsurgical and nonchemical implements approved by rule. | ||||||
| 7 | Nothing in this subsection authorizes the use of chemical | ||||||
| 8 | agents or any implement or device for a purpose otherwise | ||||||
| 9 | prohibited by this Act. | ||||||
| 10 | (f) Client safety and referral. A cirrologist shall | ||||||
| 11 | practice in a manner that protects public health and consumer | ||||||
| 12 | safety. If a client presents with a scalp condition, hair loss | ||||||
| 13 | condition, skin condition, or other concern that appears to | ||||||
| 14 | require medical diagnosis or treatment, the cirrologist shall | ||||||
| 15 | not represent that the condition is being medically treated | ||||||
| 16 | under this Act and may recommend referral to an appropriate | ||||||
| 17 | licensed health care professional. | ||||||
| 18 | (g) Prohibited acts and excluded services. A license | ||||||
| 19 | issued under this Act does not authorize a person to: | ||||||
| 20 | (1) shave or perform barber-style shaving services; | ||||||
| 21 | (2) perform precision haircutting, razor cutting, | ||||||
| 22 | clipper cutting, fading, tapering, or other barbering or | ||||||
| 23 | cosmetology cutting services outside the limited trimming, | ||||||
| 24 | shaping, dusting, light contouring, and end maintenance | ||||||
| 25 | expressly permitted under this Act; | ||||||
| 26 | (3) apply chemical straightening agents, relaxers, | ||||||
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| 1 | texturizers, permanent wave solutions, curl-altering | ||||||
| 2 | chemicals, or other chemical agents intended to penetrate | ||||||
| 3 | or permanently alter the natural structure of the hair | ||||||
| 4 | shaft; | ||||||
| 5 | (4) apply chemical coloring agents, oxidative dyes, | ||||||
| 6 | lighteners, bleach, or other chemical products intended to | ||||||
| 7 | permanently color, strip, or chemically alter growing | ||||||
| 8 | human hair; | ||||||
| 9 | (5) use chemical joining agents, bonding agents, or | ||||||
| 10 | other chemical adhesives prohibited by rule for use on | ||||||
| 11 | growing hair or scalp; | ||||||
| 12 | (6) perform any procedure that penetrates living | ||||||
| 13 | tissue, constitutes surgery, or otherwise requires a | ||||||
| 14 | medical, nursing, or other professional health license; | ||||||
| 15 | (7) diagnose, treat, or claim to cure any disease or | ||||||
| 16 | disorder of the scalp, skin, or hair; | ||||||
| 17 | (8) perform any service outside the scope of practice | ||||||
| 18 | established by this Act; or | ||||||
| 19 | (9) use any product, practice, instrument, or device | ||||||
| 20 | prohibited by this Act or by rule adopted under this Act. | ||||||
| 21 | (h) Nonchemical limitation. The scope of practice under | ||||||
| 22 | this Act is strictly limited to non-chemical textured hair | ||||||
| 23 | care. Nothing in this Act shall be construed to authorize | ||||||
| 24 | chemical cosmetology services, barbering services, esthetics | ||||||
| 25 | services, nail technology services, or any other regulated | ||||||
| 26 | practice outside the express scope of cirrology. | ||||||
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| 1 | (i) Construction of scope. This Section shall be liberally | ||||||
| 2 | construed to recognize cirrology as a stand-alone field of | ||||||
| 3 | practice for textured hair care and shall not be interpreted | ||||||
| 4 | to subordinate cirrology to cosmetology, barbering, or any | ||||||
| 5 | other profession regulated under another Act, except where | ||||||
| 6 | expressly provided by law. | ||||||
| 7 | Section 5. Title protection; use of titles; | ||||||
| 8 | representations. | ||||||
| 9 | (a) Title protection. Only a person who is licensed under | ||||||
| 10 | this Act may use the title "cirrologist" or represent himself | ||||||
| 11 | or herself to the public as licensed, certified, endorsed, | ||||||
| 12 | approved, or otherwise authorized to practice cirrology in | ||||||
| 13 | this State. | ||||||
| 14 | (b) Restricted titles. A person may not use, assume, | ||||||
| 15 | advertise, or hold himself or herself out through any title, | ||||||
| 16 | words, letters, abbreviations, insignia, social media profile, | ||||||
| 17 | business name, signage, listing, website, promotional | ||||||
| 18 | material, or other representation that states or implies that | ||||||
| 19 | the person is any of the following unless duly licensed, | ||||||
| 20 | approved, or registered under this Act: | ||||||
| 21 | (1) cirrologist; | ||||||
| 22 | (2) licensed cirrologist; | ||||||
| 23 | (3) licensed cirrology teacher; | ||||||
| 24 | (4) licensed cirrology school; | ||||||
| 25 | (5) registered cirrology shop; | ||||||
| |||||||
| |||||||
| 1 | (6) approved continuing education sponsor under this | ||||||
| 2 | Act; | ||||||
| 3 | (7) approved apprenticeship partner under this Act; | ||||||
| 4 | (8) approved partner employer under this Act; or | ||||||
| 5 | (9) any other title, designation, abbreviation, or | ||||||
| 6 | representation authorized by this Act or by rule adopted | ||||||
| 7 | under this Act. | ||||||
| 8 | (c) Prohibition on misleading representations. A person | ||||||
| 9 | may not represent, directly or indirectly, that he or she is | ||||||
| 10 | specially licensed, certified, endorsed, or approved in | ||||||
| 11 | cirrology or textured hair specialization under Illinois law | ||||||
| 12 | unless the person holds the applicable credential issued under | ||||||
| 13 | this Act. | ||||||
| 14 | (d) Use of similar or confusing titles. A person may not | ||||||
| 15 | use any title, description, words, symbols, abbreviation, or | ||||||
| 16 | other designation that is likely to mislead the public into | ||||||
| 17 | believing that the person is licensed, approved, or registered | ||||||
| 18 | under this Act when that person is not licensed, approved, or | ||||||
| 19 | registered under this Act. | ||||||
| 20 | (e) Business and entity representations. A business | ||||||
| 21 | entity, school, shop, sponsor, employer, institution, or | ||||||
| 22 | organization may not advertise, promote, or hold itself out as | ||||||
| 23 | a licensed cirrology school, registered cirrology shop, | ||||||
| 24 | approved continuing education sponsor, approved apprenticeship | ||||||
| 25 | partner, or approved partner employer unless the applicable | ||||||
| 26 | approval, registration, or license has been issued by the | ||||||
| |||||||
| |||||||
| 1 | Department under this Act. | ||||||
| 2 | (f) Existing licensees under other Acts. Nothing in this | ||||||
| 3 | Act prohibits a person licensed under another Illinois | ||||||
| 4 | licensing Act from using the title authorized by that Act. | ||||||
| 5 | However, a person licensed under another Act may not use the | ||||||
| 6 | title "cirrologist" or any other title protected under this | ||||||
| 7 | Act and may not represent that he or she is licensed, approved, | ||||||
| 8 | certified, endorsed, or registered under this Act, unless he | ||||||
| 9 | or she holds the applicable credential issued under this Act. | ||||||
| 10 | (g) Cosmetologists and barbers. A cosmetologist, barber, | ||||||
| 11 | or other person licensed under another Act may continue to | ||||||
| 12 | perform services otherwise authorized under that person's | ||||||
| 13 | existing license. However, no person may represent that he or | ||||||
| 14 | she is licensed in cirrology, specially authorized in | ||||||
| 15 | cirrology, or approved to teach, supervise, regulate, or | ||||||
| 16 | provide instruction in cirrology unless licensed, approved, or | ||||||
| 17 | registered under this Act. | ||||||
| 18 | (h) Schools offering cirrology programs. A barber school, | ||||||
| 19 | cosmetology school, or other school licensed under another Act | ||||||
| 20 | may not advertise or offer a cirrology program, course, | ||||||
| 21 | pathway, specialty, certificate, or course of instruction | ||||||
| 22 | unless the cirrology program has been separately approved | ||||||
| 23 | under this Act. | ||||||
| 24 | (i) Apprentices and students. An apprentice or student | ||||||
| 25 | enrolled under this Act may identify himself or herself as a | ||||||
| 26 | cirrology apprentice or cirrology student only if currently | ||||||
| |||||||
| |||||||
| 1 | enrolled in a lawful program under this Act and only in a | ||||||
| 2 | manner that does not imply full licensure as a cirrologist. | ||||||
| 3 | (j) Effect of compliance with this Act. Use of a title | ||||||
| 4 | protected under this Act shall constitute a representation to | ||||||
| 5 | the public that the person or entity is subject to the | ||||||
| 6 | standards, requirements, oversight, and discipline established | ||||||
| 7 | by this Act. | ||||||
| 8 | (k) Violations. A violation of this Section constitutes an | ||||||
| 9 | unlawful representation and is grounds for discipline, denial | ||||||
| 10 | of licensure, refusal to issue or renew a license, civil | ||||||
| 11 | penalty, cease and desist action, or other enforcement | ||||||
| 12 | authorized under this Act. | ||||||
| 13 | Section 6. Categories of licensure, registration, and | ||||||
| 14 | approval. | ||||||
| 15 | (a) Credentials created under this Act. The Department | ||||||
| 16 | shall administer and issue the licenses, registrations, | ||||||
| 17 | approvals, and program recognitions established under this | ||||||
| 18 | Act. No person or entity may practice, operate, advertise, | ||||||
| 19 | instruct, sponsor, host, supervise, or otherwise hold itself | ||||||
| 20 | out as authorized under any category created by this Act | ||||||
| 21 | unless the applicable credential has been issued, approved, or | ||||||
| 22 | recognized by the Department in accordance with this Act and | ||||||
| 23 | rules adopted under this Act. | ||||||
| 24 | (b) Licensed cirrologist. The Department shall issue a | ||||||
| 25 | license as a licensed cirrologist to an individual who has met | ||||||
| |||||||
| |||||||
| 1 | the qualifications established under this Act to engage in the | ||||||
| 2 | practice of cirrology for compensation. | ||||||
| 3 | A licensed cirrologist may: | ||||||
| 4 | (1) perform services within the scope of practice | ||||||
| 5 | authorized by Section 4 of this Act; | ||||||
| 6 | (2) provide textured hair care, protective styling, | ||||||
| 7 | braiding, loc care, natural hair maintenance, | ||||||
| 8 | scalp-supportive nonchemical services, and related client | ||||||
| 9 | education authorized under this Act; | ||||||
| 10 | (3) practice as an individual, employee, independent | ||||||
| 11 | contractor, shop owner, educator if otherwise qualified, | ||||||
| 12 | or in another lawful professional capacity consistent with | ||||||
| 13 | this Act; and | ||||||
| 14 | (4) supervise apprentices, students, or trainees only | ||||||
| 15 | to the extent permitted by this Act and rules adopted | ||||||
| 16 | under this Act. | ||||||
| 17 | A licensed cirrologist shall not teach in a licensed | ||||||
| 18 | school, serve as an approved instructor for related | ||||||
| 19 | instruction, or supervise a cirrology apprenticeship program | ||||||
| 20 | unless otherwise authorized by this Act or by separate | ||||||
| 21 | credential where required. | ||||||
| 22 | (c) Licensed cirrology teacher. The Department shall issue | ||||||
| 23 | a license as a licensed cirrology teacher to an individual who | ||||||
| 24 | has met the qualifications established under this Act to teach | ||||||
| 25 | cirrology theory, practical skills, professional standards, | ||||||
| 26 | sanitation, safety, law, business practices, and related | ||||||
| |||||||
| |||||||
| 1 | subject matter approved under this Act. | ||||||
| 2 | A licensed cirrology teacher may: | ||||||
| 3 | (1) teach in a licensed cirrology school; | ||||||
| 4 | (2) provide instruction in an approved cirrology | ||||||
| 5 | program offered through a separately approved school or | ||||||
| 6 | institutional partner where permitted under this Act; | ||||||
| 7 | (3) provide related instruction for a cirrology | ||||||
| 8 | apprenticeship program if authorized under this Act and | ||||||
| 9 | rules; | ||||||
| 10 | (4) evaluate student or apprentice competency in | ||||||
| 11 | accordance with approved curriculum and Department | ||||||
| 12 | requirements; and | ||||||
| 13 | (5) perform any act otherwise authorized to a licensed | ||||||
| 14 | cirrologist, if the teacher also maintains the | ||||||
| 15 | professional standing required by this Act. | ||||||
| 16 | No person may hold himself or herself out as a licensed | ||||||
| 17 | cirrology teacher without the license required by this Act. | ||||||
| 18 | (d) Licensed cirrology school. The Department shall issue | ||||||
| 19 | a license as a licensed cirrology school to a school, | ||||||
| 20 | institution, or approved educational entity that has met the | ||||||
| 21 | qualifications established under this Act to provide a | ||||||
| 22 | cirrology course of instruction, clinical training, student | ||||||
| 23 | services, and other educational functions required for | ||||||
| 24 | licensure. | ||||||
| 25 | A licensed cirrology school may: | ||||||
| 26 | (1) enroll and instruct students in cirrology; | ||||||
| |||||||
| |||||||
| 1 | (2) provide the curriculum, clock hours, practical | ||||||
| 2 | training, and evaluations required under this Act; | ||||||
| 3 | (3) operate a student clinic or other approved | ||||||
| 4 | instructional setting consistent with this Act and | ||||||
| 5 | Department rules; | ||||||
| 6 | (4) employ or contract with licensed cirrology | ||||||
| 7 | teachers and other authorized personnel; | ||||||
| 8 | (5) partner with approved apprenticeship partners, | ||||||
| 9 | approved partner employers, community colleges, high | ||||||
| 10 | schools, or other approved entities to the extent | ||||||
| 11 | permitted under this Act; and | ||||||
| 12 | (6) issue records of completion, hours, and other | ||||||
| 13 | official school documentation required under this Act. | ||||||
| 14 | No person or entity may advertise, operate, or hold itself | ||||||
| 15 | out as a licensed cirrology school unless licensed by the | ||||||
| 16 | Department under this Act. | ||||||
| 17 | (e) Approved continuing education sponsor. The Department | ||||||
| 18 | shall approve an entity as an approved continuing education | ||||||
| 19 | sponsor to offer continuing education courses, training, | ||||||
| 20 | seminars, workshops, online instruction, or other approved | ||||||
| 21 | learning activities for renewal, competency development, | ||||||
| 22 | instructor development, public safety, sanitation, law, | ||||||
| 23 | ethics, business practice, or other subjects authorized under | ||||||
| 24 | this Act. | ||||||
| 25 | An approved continuing education sponsor may: | ||||||
| 26 | (1) develop and offer continuing education content for | ||||||
| |||||||
| |||||||
| 1 | persons credentialed under this Act; | ||||||
| 2 | (2) issue certificates or records of course completion | ||||||
| 3 | in the form required by the Department; | ||||||
| 4 | (3) offer live, hybrid, distance, or online education | ||||||
| 5 | to the extent permitted by rule; and | ||||||
| 6 | (4) provide professional development for | ||||||
| 7 | practitioners, teachers, schools, shops, approved | ||||||
| 8 | apprenticeship partners, and approved partner employers | ||||||
| 9 | where authorized under this Act. | ||||||
| 10 | Approval as a continuing education sponsor does not | ||||||
| 11 | authorize the sponsor to issue licenses, operate a school, or | ||||||
| 12 | represent that completion of sponsor-offered coursework alone | ||||||
| 13 | constitutes licensure unless expressly provided by this Act. | ||||||
| 14 | (f) Registered cirrology shop. The Department shall issue | ||||||
| 15 | a registration as a registered cirrology shop to a person or | ||||||
| 16 | entity that has met the requirements established under this | ||||||
| 17 | Act to operate a salon, shop, suite, fixed place of business, | ||||||
| 18 | or other registered location, and any mobile shop or salon if | ||||||
| 19 | authorized by rule, for the performance of cirrology services | ||||||
| 20 | for compensation. | ||||||
| 21 | A registered cirrology shop may: | ||||||
| 22 | (1) provide cirrology services through persons | ||||||
| 23 | lawfully credentialed under this Act or otherwise | ||||||
| 24 | authorized by law; | ||||||
| 25 | (2) employ, contract with, or host licensed | ||||||
| 26 | practitioners consistent with this Act; | ||||||
| |||||||
| |||||||
| 1 | (3) maintain a place of business for consumer | ||||||
| 2 | services, consultation, and related retail or educational | ||||||
| 3 | functions permitted by law; and | ||||||
| 4 | (4) apply for approval as an approved partner employer | ||||||
| 5 | if it meets the apprenticeship training, supervision, | ||||||
| 6 | recordkeeping, and compliance requirements established | ||||||
| 7 | under this Act. | ||||||
| 8 | A person or entity may not operate a cirrology salon or | ||||||
| 9 | shop without a certificate of registration issued by the | ||||||
| 10 | Department as a registered cirrology shop. | ||||||
| 11 | (g) Approved apprenticeship partner. The Department shall | ||||||
| 12 | approve an institution, program, or organization as an | ||||||
| 13 | approved apprenticeship partner to collaborate in hosting, | ||||||
| 14 | supporting, coordinating, or providing related instruction, | ||||||
| 15 | pre-apprenticeship services, supportive services, educational | ||||||
| 16 | coordination, or other approved apprenticeship-related | ||||||
| 17 | functions for a cirrology apprenticeship program. | ||||||
| 18 | An approved apprenticeship partner may include, but is not | ||||||
| 19 | limited to: | ||||||
| 20 | (1) a community college; | ||||||
| 21 | (2) a high school; | ||||||
| 22 | (3) a career and technical education program; | ||||||
| 23 | (4) a licensed cirrology school; | ||||||
| 24 | (5) a nonprofit training provider; | ||||||
| 25 | (6) a workforce training organization; or | ||||||
| 26 | (7) another approved educational or community-based | ||||||
| |||||||
| |||||||
| 1 | partner. | ||||||
| 2 | An approved apprenticeship partner may: | ||||||
| 3 | (1) provide or coordinate related instruction; | ||||||
| 4 | (2) host or support a pre-apprenticeship program; | ||||||
| 5 | (3) provide student, apprentice, or trainee support | ||||||
| 6 | services; | ||||||
| 7 | (4) coordinate scheduling, records, evaluations, | ||||||
| 8 | mentoring, and program progression as authorized by rule; | ||||||
| 9 | (5) enter into collaboration agreements with approved | ||||||
| 10 | partner employers, licensed cirrology schools, public | ||||||
| 11 | institutions, or community-based partners; and | ||||||
| 12 | (6) perform other apprenticeship support functions | ||||||
| 13 | authorized by this Act. | ||||||
| 14 | Approval as an approved apprenticeship partner does not by | ||||||
| 15 | itself authorize independent practice of cirrology or | ||||||
| 16 | operation of a registered cirrology shop unless otherwise | ||||||
| 17 | credentialed under this Act. | ||||||
| 18 | (h) Approved partner employer. The Department shall | ||||||
| 19 | approve a person, business, organization, or work site as an | ||||||
| 20 | approved partner employer to employ and provide paid | ||||||
| 21 | on-the-job training to an apprentice enrolled in a cirrology | ||||||
| 22 | apprenticeship program under the supervision required by this | ||||||
| 23 | Act. | ||||||
| 24 | An approved partner employer may include, but is not | ||||||
| 25 | limited to: | ||||||
| 26 | (1) a registered cirrology shop; | ||||||
| |||||||
| |||||||
| 1 | (2) a licensed cirrology school operating an approved | ||||||
| 2 | training site as permitted by this Act; | ||||||
| 3 | (3) a beauty retail, wellness, educational, | ||||||
| 4 | production, media, community-based, or other | ||||||
| 5 | Department-approved work site capable of providing | ||||||
| 6 | supervised training within the lawful scope of practice | ||||||
| 7 | established by this Act; or | ||||||
| 8 | (4) another work site approved by the Department upon | ||||||
| 9 | recommendation of the Board. | ||||||
| 10 | An approved partner employer may: | ||||||
| 11 | (1) employ apprentices; | ||||||
| 12 | (2) provide paid work-based learning and supervised | ||||||
| 13 | practical training; | ||||||
| 14 | (3) enter into agreements with approved apprenticeship | ||||||
| 15 | partners, licensed cirrology schools, or other approved | ||||||
| 16 | entities; | ||||||
| 17 | (4) evaluate and document apprentice performance in | ||||||
| 18 | the manner required by this Act; and | ||||||
| 19 | (5) participate in a cirrology apprenticeship program | ||||||
| 20 | in accordance with this Act and rules. | ||||||
| 21 | Approval as an approved partner employer does not by | ||||||
| 22 | itself authorize the employer to practice cirrology unless the | ||||||
| 23 | employer or the individuals providing services are otherwise | ||||||
| 24 | licensed or authorized under this Act. | ||||||
| 25 | (i) Cirrology apprenticeship program. The Department shall | ||||||
| 26 | recognize and regulate a cirrology apprenticeship program as a | ||||||
| |||||||
| |||||||
| 1 | paid, structured, supervised training pathway approved under | ||||||
| 2 | this Act through which an enrolled apprentice receives | ||||||
| 3 | compensated on-the-job learning, related instruction, | ||||||
| 4 | evaluation, and competency development toward licensure as a | ||||||
| 5 | cirrologist. | ||||||
| 6 | A cirrology apprenticeship program shall: | ||||||
| 7 | (1) be carried out in collaboration with an approved | ||||||
| 8 | partner employer and, where applicable, an approved | ||||||
| 9 | apprenticeship partner; | ||||||
| 10 | (2) operate under the supervision required by this | ||||||
| 11 | Act; | ||||||
| 12 | (3) comply with Department standards for hours, | ||||||
| 13 | competency, related instruction, wages, records, and | ||||||
| 14 | consumer protection; and | ||||||
| 15 | (4) serve as a lawful pathway toward licensure under | ||||||
| 16 | this Act. | ||||||
| 17 | Recognition of a cirrology apprenticeship program under | ||||||
| 18 | this subsection creates an approved pathway to licensure but | ||||||
| 19 | does not itself constitute a separate professional license for | ||||||
| 20 | independent practice. | ||||||
| 21 | (j) Pre-apprenticeship program. The Department may | ||||||
| 22 | recognize a pre-apprenticeship program as a preparatory | ||||||
| 23 | training program approved or recognized under this Act that | ||||||
| 24 | provides foundational instruction, career exposure, | ||||||
| 25 | work-readiness training, supportive services, or other related | ||||||
| 26 | preparation for entry into a cirrology apprenticeship program. | ||||||
| |||||||
| |||||||
| 1 | A pre-apprenticeship program may be offered or coordinated | ||||||
| 2 | by an approved apprenticeship partner, licensed cirrology | ||||||
| 3 | school, community college, high school, workforce training | ||||||
| 4 | organization, nonprofit provider, or other entity approved or | ||||||
| 5 | recognized by the Department. | ||||||
| 6 | Participation in a pre-apprenticeship program: | ||||||
| 7 | (1) does not authorize independent practice under this | ||||||
| 8 | Act; | ||||||
| 9 | (2) does not by itself constitute licensure or | ||||||
| 10 | registration; and | ||||||
| 11 | (3) may qualify a participant for advanced standing, | ||||||
| 12 | preferred entry, or related credit toward apprenticeship | ||||||
| 13 | or education requirements only to the extent permitted by | ||||||
| 14 | this Act or by rule. | ||||||
| 15 | (k) Separate credential required. Each category created | ||||||
| 16 | under this Act is separate and distinct. Holding one | ||||||
| 17 | credential under this Act does not automatically authorize a | ||||||
| 18 | person or entity to act under another category unless | ||||||
| 19 | expressly provided by this Act. | ||||||
| 20 | Without limitation: | ||||||
| 21 | (1) licensure as a cirrologist does not automatically | ||||||
| 22 | authorize a person to act as a licensed cirrology teacher, | ||||||
| 23 | licensed cirrology school, approved continuing education | ||||||
| 24 | sponsor, approved apprenticeship partner, approved partner | ||||||
| 25 | employer, or registered cirrology shop; | ||||||
| 26 | (2) registration as a registered cirrology shop does | ||||||
| |||||||
| |||||||
| 1 | not automatically authorize participation as an approved | ||||||
| 2 | partner employer; | ||||||
| 3 | (3) approval as an approved apprenticeship partner | ||||||
| 4 | does not automatically authorize operation of a school or | ||||||
| 5 | shop; and | ||||||
| 6 | (4) approval as an approved continuing education | ||||||
| 7 | sponsor does not automatically authorize operation of a | ||||||
| 8 | licensed school or apprenticeship program. | ||||||
| 9 | (l) Department authority. The Department may issue, renew, | ||||||
| 10 | deny, refuse to renew, suspend, revoke, place on probation, | ||||||
| 11 | restrict, or otherwise discipline any license, registration, | ||||||
| 12 | approval, or program recognition created under this Act in | ||||||
| 13 | accordance with this Act and rules adopted under this Act. | ||||||
| 14 | (m) Board recommendation. For all credential categories | ||||||
| 15 | specific to cirrology, the Department shall act in | ||||||
| 16 | consultation with, and where required by this Act shall first | ||||||
| 17 | obtain the recommendation of, the Board concerning standards, | ||||||
| 18 | qualifications, curriculum, training, supervision, approval | ||||||
| 19 | criteria, and other matters necessary to implement this | ||||||
| 20 | Section. | ||||||
| 21 | (n) Rulemaking. The Department may adopt rules necessary | ||||||
| 22 | to administer the categories of licensure, registration, | ||||||
| 23 | approval, and program recognition created under this Section, | ||||||
| 24 | including rules concerning applications, renewals, | ||||||
| 25 | documentation, recordkeeping, compliance, discipline, display | ||||||
| 26 | of credentials, consumer notice, and operational standards, | ||||||
| |||||||
| |||||||
| 1 | consistent with this Act. | ||||||
| 2 | Section 7. Qualifications for licensed cirrologist. | ||||||
| 3 | (a) License required. No person may practice cirrology for | ||||||
| 4 | compensation in this State or hold himself or herself out as a | ||||||
| 5 | licensed cirrologist unless licensed by the Department under | ||||||
| 6 | this Act, except as otherwise expressly provided by this Act. | ||||||
| 7 | (b) Primary pathway to licensure. The primary pathway to | ||||||
| 8 | licensure as a licensed cirrologist shall be successful | ||||||
| 9 | completion of a licensed cirrology school program consisting | ||||||
| 10 | of not less than 600 clock hours of instruction and supervised | ||||||
| 11 | practical training in the required areas of study established | ||||||
| 12 | under this Act. | ||||||
| 13 | The school pathway established in this subsection shall be | ||||||
| 14 | the standard pathway for all new applicants unless the | ||||||
| 15 | applicant qualifies under a secondary pathway established in | ||||||
| 16 | this Section. | ||||||
| 17 | (c) Minimum qualifications. An applicant for licensure as | ||||||
| 18 | a licensed cirrologist shall: | ||||||
| 19 | (1) submit a completed application on forms prescribed | ||||||
| 20 | by the Department; | ||||||
| 21 | (2) pay the required application or licensure fee; | ||||||
| 22 | (3) meet the minimum age, identity, and general | ||||||
| 23 | eligibility requirements established by this Act or by | ||||||
| 24 | rule; | ||||||
| 25 | (4) demonstrate fitness for licensure in accordance | ||||||
| |||||||
| |||||||
| 1 | with applicable Illinois law; and | ||||||
| 2 | (5) satisfy one of the licensure pathways provided in | ||||||
| 3 | this Section. | ||||||
| 4 | (d) Required areas of study. The 600-hour cirrology | ||||||
| 5 | program required under subsection (b) shall include | ||||||
| 6 | instruction designed to prepare the applicant for safe, | ||||||
| 7 | ethical, and competent practice in the care of textured hair | ||||||
| 8 | by nonchemical methods. The required course of study shall | ||||||
| 9 | include, at a minimum, the following subject areas: | ||||||
| 10 | (1) heritage studies of textured hair, including the | ||||||
| 11 | cultural history and evolution of textured hair practices | ||||||
| 12 | and hair braiding traditions; | ||||||
| 13 | (2) industry terms, definitions, and career pathways | ||||||
| 14 | within cirrology; | ||||||
| 15 | (3) the science of textured hair and scalp health; | ||||||
| 16 | (4) anatomy and physiology related to hair growth, | ||||||
| 17 | scalp health, and skin function; | ||||||
| 18 | (5) disinfection, sanitation, infection control, and | ||||||
| 19 | public health; | ||||||
| 20 | (6) bacteriology and common scalp-related concerns | ||||||
| 21 | relevant to safe practice; | ||||||
| 22 | (7) disorders and diseases of the hair and scalp | ||||||
| 23 | requiring recognition or referral; | ||||||
| 24 | (8) Occupational Safety and Health Administration | ||||||
| 25 | standards and material safety requirements relevant to | ||||||
| 26 | professional practice; | ||||||
| |||||||
| |||||||
| 1 | (9) tools, implements, and equipment used in | ||||||
| 2 | cirrology; | ||||||
| 3 | (10) nontoxic product knowledge and nonchemical | ||||||
| 4 | treatment applications; | ||||||
| 5 | (11) herbal hair and scalp treatments; | ||||||
| 6 | (12) client consultation, assessment, design | ||||||
| 7 | principles, and service planning; | ||||||
| 8 | (13) textured hair cleansing, conditioning, | ||||||
| 9 | management, and maintenance; | ||||||
| 10 | (14) braid removal techniques and scalp care; | ||||||
| 11 | (15) style preparation, parting systems, pattern | ||||||
| 12 | design, and sectioning; | ||||||
| 13 | (16) client health education, including pre-care, | ||||||
| 14 | post-care, home-care, and follow-up services; | ||||||
| 15 | (17) natural styling methods, including dusting, | ||||||
| 16 | shaping, and defining; | ||||||
| 17 | (18) hair braiding; | ||||||
| 18 | (19) hair locking and loc maintenance; | ||||||
| 19 | (20) hair extension application procedures; | ||||||
| 20 | (21) cornrows with and without extensions; | ||||||
| 21 | (22) variations of twists, knots, weaving, and sewn-in | ||||||
| 22 | methods; | ||||||
| 23 | (23) additional procedures related to textured hair | ||||||
| 24 | care services within the scope of this Act; | ||||||
| 25 | (24) product knowledge related to natural styling, | ||||||
| 26 | textured hair styling, and hair braiding; | ||||||
| |||||||
| |||||||
| 1 | (25) salon and practice management; | ||||||
| 2 | (26) marketing, branding, merchandising, client | ||||||
| 3 | retention, and professional development; and | ||||||
| 4 | (27) this Act and applicable rules and laws governing | ||||||
| 5 | practice. | ||||||
| 6 | (e) Apprenticeship pathway. An applicant may qualify for | ||||||
| 7 | licensure as a licensed cirrologist through completion of a | ||||||
| 8 | cirrology apprenticeship program approved under this Act. The | ||||||
| 9 | apprenticeship pathway shall remain available as a secondary | ||||||
| 10 | pathway intended to expand access to licensure and reduce | ||||||
| 11 | barriers to entry for underserved communities. | ||||||
| 12 | An applicant under this subsection shall: | ||||||
| 13 | (1) complete a cirrology apprenticeship program | ||||||
| 14 | approved under this Act; | ||||||
| 15 | (2) complete the required supervised paid on-the-job | ||||||
| 16 | training hours established under this Act; | ||||||
| 17 | (3) complete the required related instruction | ||||||
| 18 | established under this Act; | ||||||
| 19 | (4) satisfy the supervision, recordkeeping, | ||||||
| 20 | evaluation, and competency requirements established by | ||||||
| 21 | this Act and by rule; and | ||||||
| 22 | (5) pass any examination required under this Act. | ||||||
| 23 | Nothing in this subsection shall be construed to diminish | ||||||
| 24 | the school pathway as the primary pathway to licensure. | ||||||
| 25 | (f) Automatic transitional pathway for current hair | ||||||
| 26 | braider licensees. During the 18-month transition period | ||||||
| |||||||
| |||||||
| 1 | established under this Act, any person holding an active | ||||||
| 2 | Illinois hair braider license in good standing shall be | ||||||
| 3 | eligible for automatic transition into the corresponding | ||||||
| 4 | cirrology licensure category for renewal purposes. | ||||||
| 5 | The Department shall allow the license holder to renew | ||||||
| 6 | under the designated cirrology category without requiring | ||||||
| 7 | completion of the full 600-hour cirrology school program at | ||||||
| 8 | the time of transition, subject only to any limited | ||||||
| 9 | sanitation, public health, legal, or administrative transition | ||||||
| 10 | requirement established by rule. | ||||||
| 11 | All hair braider license expiration and renewal dates of | ||||||
| 12 | October 31 of even-numbered years shall automatically apply to | ||||||
| 13 | the corresponding cirrology license category during the | ||||||
| 14 | transition period and until superseded by law or rule adopted | ||||||
| 15 | under this Act. | ||||||
| 16 | (g) Examination. Applicants for licensure as a licensed | ||||||
| 17 | cirrologist shall pass any written, practical, or other | ||||||
| 18 | examination required under this Act. Any examination required | ||||||
| 19 | under this Act shall measure competency in technical | ||||||
| 20 | knowledge, practical skills, sanitation, client safety, and | ||||||
| 21 | public protection. | ||||||
| 22 | The Department, upon recommendation of the Board, may | ||||||
| 23 | provide limited examination alternatives, waivers, or | ||||||
| 24 | transition-specific examination requirements for applicants | ||||||
| 25 | qualifying under subsection (e) or (f), consistent with the | ||||||
| 26 | purpose of this Act. | ||||||
| |||||||
| |||||||
| 1 | (h) Issuance of license. The Department shall issue a | ||||||
| 2 | license as a licensed cirrologist to any applicant who meets | ||||||
| 3 | the requirements of this Section and any other applicable | ||||||
| 4 | requirements of this Act. | ||||||
| 5 | (i) Scope of license. Licensure as a licensed cirrologist | ||||||
| 6 | authorizes the holder to practice cirrology within the scope | ||||||
| 7 | established by Section 4 of this Act. A license issued under | ||||||
| 8 | this Section does not, by itself, authorize the holder to act | ||||||
| 9 | as a licensed cirrology teacher, operate a licensed cirrology | ||||||
| 10 | school, operate a registered cirrology shop, function as an | ||||||
| 11 | approved apprenticeship partner, function as an approved | ||||||
| 12 | partner employer, or act as an approved continuing education | ||||||
| 13 | sponsor unless separately licensed, approved, or registered | ||||||
| 14 | under this Act. | ||||||
| 15 | (i-5) Renewal; continuing education. A licensed | ||||||
| 16 | cirrologist shall renew the license in the manner prescribed | ||||||
| 17 | by the Department. As a condition of renewal, a licensed | ||||||
| 18 | cirrologist shall complete 8 hours of continuing education | ||||||
| 19 | every 2 years. The required hours shall include subjects | ||||||
| 20 | related to safety, sanitation, ethics, innovation, client | ||||||
| 21 | care, public protection, or other subjects approved by the | ||||||
| 22 | Department upon recommendation of the Board. | ||||||
| 23 | (j) Rulemaking authority. The Department may adopt rules | ||||||
| 24 | necessary to implement this Section, including rules | ||||||
| 25 | concerning application procedures, documentation, | ||||||
| 26 | examinations, grandfathering, temporary licensure, transition | ||||||
| |||||||
| |||||||
| 1 | requirements, proof of experience, and related administrative | ||||||
| 2 | standards, upon recommendation of the Board where required | ||||||
| 3 | under this Act. | ||||||
| 4 | Section 7.1. Cirrology apprenticeship program; purpose. | ||||||
| 5 | The cirrology apprenticeship program is established to expand | ||||||
| 6 | access to licensure, paid training, entrepreneurship, and | ||||||
| 7 | career pathways in textured hair care through work-based | ||||||
| 8 | learning that protects public health and consumer safety while | ||||||
| 9 | reducing unnecessary barriers to entry. | ||||||
| 10 | Section 7.2. Three-way apprenticeship model. A cirrology | ||||||
| 11 | apprenticeship program shall operate through a 3-way | ||||||
| 12 | partnership among: | ||||||
| 13 | (1) an approved apprenticeship partner that provides | ||||||
| 14 | related instruction, educational support, or | ||||||
| 15 | pre-apprenticeship preparation; | ||||||
| 16 | (2) an approved partner employer that provides paid | ||||||
| 17 | on-the-job training and workplace experience; and | ||||||
| 18 | (3) a supervising licensed cirrologist or licensed | ||||||
| 19 | cirrology teacher responsible for oversight of practical | ||||||
| 20 | training and competency development. | ||||||
| 21 | Section 7.3. Approved apprenticeship partner. | ||||||
| 22 | (a) The Department may approve as an approved partner: | ||||||
| 23 | (1) a community college; | ||||||
| |||||||
| |||||||
| 1 | (2) a high school or career and technical education | ||||||
| 2 | program; | ||||||
| 3 | (3) a licensed cirrology school; | ||||||
| 4 | (4) a nonprofit or community-based workforce training | ||||||
| 5 | provider; | ||||||
| 6 | (5) a public workforce system partner; or | ||||||
| 7 | (6) another institution capable of delivering related | ||||||
| 8 | instruction, pre-apprenticeship training, supportive | ||||||
| 9 | services, or educational coordination under this Act. | ||||||
| 10 | (b) An approved apprenticeship partner may: | ||||||
| 11 | (1) provide related instruction; | ||||||
| 12 | (2) provide pre-apprenticeship training; | ||||||
| 13 | (3) deliver career-readiness, business, or | ||||||
| 14 | entrepreneurship content; | ||||||
| 15 | (4) assist with supportive services, mentoring, | ||||||
| 16 | transportation, and retention; | ||||||
| 17 | (5) coordinate credit, articulation, or stackable | ||||||
| 18 | credentials where authorized by law; and | ||||||
| 19 | (6) enter into agreements with licensed cirrology | ||||||
| 20 | schools, community colleges, high schools, and approved | ||||||
| 21 | partner employers. | ||||||
| 22 | Section 7.4. Approved partner employers. | ||||||
| 23 | (a) The Department may approve an approved partner | ||||||
| 24 | employer that demonstrates the ability to provide paid, | ||||||
| 25 | supervised, competency-based training within the scope of | ||||||
| |||||||
| |||||||
| 1 | practice authorized by this Act. | ||||||
| 2 | (b) An approved partner employer may include: | ||||||
| 3 | (1) a registered cirrology shop; | ||||||
| 4 | (2) a licensed cirrology school operating a | ||||||
| 5 | student-training site; | ||||||
| 6 | (3) a beauty retail, education, media, wellness, or | ||||||
| 7 | product-demonstration setting approved by the Department | ||||||
| 8 | upon recommendation of the Board; | ||||||
| 9 | (4) a community-based enterprise or social enterprise | ||||||
| 10 | offering textured hair services within the lawful scope of | ||||||
| 11 | this Act; or | ||||||
| 12 | (5) another approved work site capable of providing | ||||||
| 13 | lawful supervised training and consumer-safe service | ||||||
| 14 | exposure. | ||||||
| 15 | (c) An approved partner employer may not provide | ||||||
| 16 | apprenticeship training unless: | ||||||
| 17 | (1) it is in good standing with all required | ||||||
| 18 | registrations or licenses; | ||||||
| 19 | (2) it maintains sanitation, health, and safety | ||||||
| 20 | compliance; | ||||||
| 21 | (3) it designates a supervising licensed cirrologist | ||||||
| 22 | or licensed cirrology teacher; | ||||||
| 23 | (4) it maintains training records, evaluations, and | ||||||
| 24 | wage documentation; and | ||||||
| 25 | (5) it enters into a written apprenticeship agreement | ||||||
| 26 | required under this Act. | ||||||
| |||||||
| |||||||
| 1 | Section 7.5. Compensation. | ||||||
| 2 | (a) An individual participating in a cirrology | ||||||
| 3 | apprenticeship program shall receive compensation for work | ||||||
| 4 | performed. | ||||||
| 5 | (b) An apprentice may not be classified as an unpaid | ||||||
| 6 | intern for hours worked in the apprenticeship program. | ||||||
| 7 | (c) Compensation shall comply with applicable State and | ||||||
| 8 | federal wage and labor laws. | ||||||
| 9 | (d) Nothing in this Act shall prohibit wages paid through | ||||||
| 10 | employer funds, workforce-development grants, public training | ||||||
| 11 | support, or other lawful funding arrangements. | ||||||
| 12 | Section 7.6. Apprenticeship requirements. | ||||||
| 13 | (a) The apprenticeship pathway for licensure as a | ||||||
| 14 | cirrologist shall consist of: | ||||||
| 15 | (1) not less than 1,200 hours of supervised paid | ||||||
| 16 | practical training; and | ||||||
| 17 | (2) not less than 150 hours of related instruction in | ||||||
| 18 | sanitation, safety, textured hair science, law, ethics, | ||||||
| 19 | client care, and professional practice; unless otherwise | ||||||
| 20 | adjusted by rule upon recommendation of the Board. | ||||||
| 21 | (b) Related instruction may be provided by an approved | ||||||
| 22 | partner, a licensed cirrology school, or another provider | ||||||
| 23 | approved by the Department. | ||||||
| 24 | (c) Apprenticeship training shall be structured as a | ||||||
| |||||||
| |||||||
| 1 | one-year program unless otherwise extended or modified by rule | ||||||
| 2 | for cause, interruption, disability accommodation, or | ||||||
| 3 | part-time participation. | ||||||
| 4 | (d) The Department, upon recommendation of the Board, may | ||||||
| 5 | allow competency-based progression, partial credit for prior | ||||||
| 6 | learning, and stackable credential models, provided that | ||||||
| 7 | consumer protection, sanitation, and public safety are not | ||||||
| 8 | reduced. | ||||||
| 9 | Section 7.7. Supervision and agreements. | ||||||
| 10 | (a) Every apprentice shall work under the direct | ||||||
| 11 | supervision required by rule of a licensed cirrologist or | ||||||
| 12 | licensed cirrology teacher. | ||||||
| 13 | (b) During the transition period, a licensed hair braider | ||||||
| 14 | in good standing may serve as supervising licensee if | ||||||
| 15 | authorized by rule and if the person completes any required | ||||||
| 16 | transition module. | ||||||
| 17 | (c) A supervising licensee may supervise no more than one | ||||||
| 18 | apprentice at a time unless otherwise authorized by rule upon | ||||||
| 19 | recommendation of the Board. | ||||||
| 20 | (d) Each apprenticeship shall be governed by a written | ||||||
| 21 | agreement executed by: | ||||||
| 22 | (1) the apprentice; | ||||||
| 23 | (2) the approved apprenticeship partner, if | ||||||
| 24 | applicable; | ||||||
| 25 | (3) the approved partner employer; | ||||||
| |||||||
| |||||||
| 1 | (4) the supervising licensee; and | ||||||
| 2 | (5) the licensed cirrology school or related | ||||||
| 3 | instruction provider, if applicable. | ||||||
| 4 | (e) The agreement shall specify: | ||||||
| 5 | (1) the duration of the apprenticeship; | ||||||
| 6 | (2) compensation terms; | ||||||
| 7 | (3) required competencies; | ||||||
| 8 | (4) related instruction obligations; | ||||||
| 9 | (5) supervision standards; | ||||||
| 10 | (6) evaluation procedures; | ||||||
| 11 | (7) attendance and recordkeeping requirements; and | ||||||
| 12 | (8) conditions for completion, discipline, transfer, | ||||||
| 13 | or termination. | ||||||
| 14 | Section 7.8. Workforce and education collaboration. | ||||||
| 15 | (a) The Department, in consultation with the Board of | ||||||
| 16 | Cirrology, may collaborate with the Illinois Small Business | ||||||
| 17 | Development Centers, the Department of Commerce and Economic | ||||||
| 18 | Opportunity, and other workforce and entrepreneurship programs | ||||||
| 19 | to provide business training, financial literacy, and | ||||||
| 20 | technical assistance to cirrology licensees seeking to | ||||||
| 21 | establish or expand small businesses. | ||||||
| 22 | (b) To the extent permitted by law, the Department may | ||||||
| 23 | collaborate with: | ||||||
| 24 | (1) local workforce innovation boards; | ||||||
| 25 | (2) Illinois WorkNet Centers; | ||||||
| |||||||
| |||||||
| 1 | (3) the Department of Commerce and Economic | ||||||
| 2 | Opportunity; | ||||||
| 3 | (4) the Department of Employment Security; | ||||||
| 4 | (5) the Department of Labor; | ||||||
| 5 | (6) community colleges; | ||||||
| 6 | (7) high schools and career and technical education | ||||||
| 7 | programs; and | ||||||
| 8 | (8) nonprofit, community-based, and | ||||||
| 9 | entrepreneurship-support organizations. | ||||||
| 10 | (c) Such collaboration may include: | ||||||
| 11 | (1) workforce training grants; | ||||||
| 12 | (2) apprenticeship funding; | ||||||
| 13 | (3) supportive services for trainees; | ||||||
| 14 | (4) articulation agreements and stackable credentials; | ||||||
| 15 | (5) continuing education and instructor training; | ||||||
| 16 | (6) business development and entrepreneurship | ||||||
| 17 | education; | ||||||
| 18 | (7) minority entrepreneurship and small-business | ||||||
| 19 | development initiatives; and | ||||||
| 20 | (8) employment placement and career pathway support. | ||||||
| 21 | (d) Participation by a high school or pre-apprenticeship | ||||||
| 22 | student does not authorize independent practice of cirrology | ||||||
| 23 | except as otherwise permitted under this Act. | ||||||
| 24 | Section 8. Qualifications for licensed cirrology teacher. | ||||||
| 25 | (a) License required. No person may teach cirrology theory | ||||||
| |||||||
| |||||||
| 1 | or practice, supervise cirrology students in a licensed school | ||||||
| 2 | program, or hold himself or herself out as a licensed | ||||||
| 3 | cirrology teacher unless licensed by the Department under this | ||||||
| 4 | Act, except as otherwise expressly provided by this Act. | ||||||
| 5 | (b) Primary pathway to licensure. The primary pathway to | ||||||
| 6 | licensure as a licensed cirrology teacher shall be successful | ||||||
| 7 | completion of an approved cirrology teacher-training program. | ||||||
| 8 | The teacher-training pathway shall be the standard pathway for | ||||||
| 9 | all new applicants unless the applicant qualifies under a | ||||||
| 10 | secondary or transitional pathway established in this Section. | ||||||
| 11 | (c) Minimum qualifications. An applicant for licensure as | ||||||
| 12 | a licensed cirrology teacher shall: | ||||||
| 13 | (1) complete not less than 600 clock hours of teacher | ||||||
| 14 | training, or 500 clock hours if the applicant documents at | ||||||
| 15 | least 2 years of practical experience in the field, as | ||||||
| 16 | provided under the standards of this Act; | ||||||
| 17 | (2) complete the required areas of study established | ||||||
| 18 | for instructor preparation under this Act; | ||||||
| 19 | (3) receive official proof of completion in the form | ||||||
| 20 | required by the Department; and | ||||||
| 21 | (4) pass any examination or competency evaluation | ||||||
| 22 | required under this Act. | ||||||
| 23 | (d) Required areas of study for teacher training. A | ||||||
| 24 | teacher-training program under this Act shall prepare the | ||||||
| 25 | applicant to safely, ethically, and competently instruct | ||||||
| 26 | students and trainees in the theory and practice of cirrology. | ||||||
| |||||||
| |||||||
| 1 | The required course of study shall include, at a minimum, the | ||||||
| 2 | following subject areas: | ||||||
| 3 | (1) teaching methods, educational psychology, and | ||||||
| 4 | instructional planning; | ||||||
| 5 | (2) lesson planning, curriculum development, and | ||||||
| 6 | course organization; | ||||||
| 7 | (3) classroom management and student engagement; | ||||||
| 8 | (4) supervision of practical instruction, clinic | ||||||
| 9 | instruction, and demonstration methods; | ||||||
| 10 | (5) evaluation, grading, competency verification, and | ||||||
| 11 | student progress tracking; | ||||||
| 12 | (6) sanitation, disinfection, infection control, | ||||||
| 13 | public health, and safety instruction; | ||||||
| 14 | (7) this Act and applicable rules governing | ||||||
| 15 | instruction, schools, and professional practice; | ||||||
| 16 | (8) recordkeeping, attendance, transcript standards, | ||||||
| 17 | and educational documentation; | ||||||
| 18 | (9) culturally responsive instruction and | ||||||
| 19 | communication in textured hair education; | ||||||
| 20 | (10) observation and supervised practice teaching; | ||||||
| 21 | (11) professionalism, educator ethics, and student | ||||||
| 22 | protection; and | ||||||
| 23 | (12) any additional teacher preparation subjects | ||||||
| 24 | required under this Act or by rule. | ||||||
| 25 | (e) Examination or competency evaluation. Applicants for | ||||||
| 26 | licensure as a licensed cirrology teacher shall pass any | ||||||
| |||||||
| |||||||
| 1 | written, oral, practical, performance-based, or other | ||||||
| 2 | examination or competency evaluation required under this Act. | ||||||
| 3 | Any such examination or evaluation shall measure | ||||||
| 4 | instructional competency, subject matter knowledge, sanitation | ||||||
| 5 | and safety teaching ability, student supervision, and educator | ||||||
| 6 | professionalism. | ||||||
| 7 | The Department, upon recommendation of the Board, may | ||||||
| 8 | provide limited examination alternatives, waivers, or | ||||||
| 9 | transition-specific evaluation requirements for applicants, | ||||||
| 10 | consistent with the purpose of this Act. | ||||||
| 11 | (f) Issuance of license. The Department shall issue a | ||||||
| 12 | license as a licensed cirrology teacher to any applicant who | ||||||
| 13 | meets the requirements of this Section and any other | ||||||
| 14 | applicable requirements of this Act. | ||||||
| 15 | (g) Scope of license. Licensure as a licensed cirrology | ||||||
| 16 | teacher authorizes the holder to teach cirrology theory and | ||||||
| 17 | practice, supervise students in approved school settings, | ||||||
| 18 | provide instruction in approved educational programs, and | ||||||
| 19 | perform other instructional functions authorized under this | ||||||
| 20 | Act. A license issued under this Section does not, by itself, | ||||||
| 21 | authorize the holder to operate a licensed cirrology school, | ||||||
| 22 | operate a registered cirrology shop, function as an approved | ||||||
| 23 | apprenticeship partner, function as an approved partner | ||||||
| 24 | employer, or act as an approved continuing education sponsor | ||||||
| 25 | unless separately licensed, approved, or registered under this | ||||||
| 26 | Act. | ||||||
| |||||||
| |||||||
| 1 | (h) Renewal; continuing education. A licensed cirrology | ||||||
| 2 | teacher shall renew the license in the manner prescribed by | ||||||
| 3 | the Department. As a condition of renewal, a licensed | ||||||
| 4 | cirrology teacher shall complete 10 hours of continuing | ||||||
| 5 | education every 2 years. The required hours shall include | ||||||
| 6 | safety, new techniques, educational standards, professional | ||||||
| 7 | ethics, sanitation, and other subjects approved by the | ||||||
| 8 | Department upon recommendation of the Board. | ||||||
| 9 | (i) Rulemaking authority. The Department may adopt rules | ||||||
| 10 | necessary to implement this Section, including rules | ||||||
| 11 | concerning application procedures, required teaching | ||||||
| 12 | experience, teacher-training standards, examinations, | ||||||
| 13 | grandfathering, transition requirements, proof of | ||||||
| 14 | instructional experience, renewal, and related administrative | ||||||
| 15 | standards, upon recommendation of the Board as required under | ||||||
| 16 | this Act. | ||||||
| 17 | Section 9. Qualifications for licensed cirrology school. | ||||||
| 18 | (a) School license required. No person, school, | ||||||
| 19 | institution, business, or other entity may advertise, operate, | ||||||
| 20 | or hold itself out as a licensed cirrology school unless | ||||||
| 21 | licensed by the Department under this Act. | ||||||
| 22 | (b) Purpose. A licensed cirrology school shall provide the | ||||||
| 23 | primary educational pathway for licensure under this Act and | ||||||
| 24 | shall deliver the required 600-hour cirrology program and | ||||||
| 25 | 600-hour teacher program, together with any other instruction | ||||||
| |||||||
| |||||||
| 1 | approved under this Act, in a manner that protects students, | ||||||
| 2 | supports public health, and prepares graduates for safe, | ||||||
| 3 | ethical, and competent practice. | ||||||
| 4 | (c) Qualifications for licensure. An applicant for | ||||||
| 5 | licensure as a licensed cirrology school shall: | ||||||
| 6 | (1) submit a completed application on forms prescribed | ||||||
| 7 | by the Department; | ||||||
| 8 | (2) pay the required application or licensure fee; | ||||||
| 9 | (3) identify the legal name and ownership of the | ||||||
| 10 | school; | ||||||
| 11 | (4) identify the physical location of the school and | ||||||
| 12 | any additional instructional sites; | ||||||
| 13 | (5) demonstrate that the school has adequate | ||||||
| 14 | classrooms, practical training space, equipment, | ||||||
| 15 | sanitation facilities, and instructional resources to | ||||||
| 16 | deliver the approved course of study; | ||||||
| 17 | (6) demonstrate that the school will employ or | ||||||
| 18 | contract with licensed cirrology teachers in sufficient | ||||||
| 19 | number to provide proper instruction and supervision; | ||||||
| 20 | (7) submit the proposed cirrology curriculum, course | ||||||
| 21 | structure, and instructional schedule for approval; | ||||||
| 22 | (8) submit enrollment, attendance, grading, | ||||||
| 23 | completion, transcript, refund, and recordkeeping policies | ||||||
| 24 | in the form required by the Department; | ||||||
| 25 | (9) demonstrate the ability to comply with all health, | ||||||
| 26 | sanitation, safety, public protection, and educational | ||||||
| |||||||
| |||||||
| 1 | requirements established under this Act and by rule; and | ||||||
| 2 | (10) satisfy any other reasonable requirements | ||||||
| 3 | established by this Act or by rule. | ||||||
| 4 | (d) Approved course of instruction. A licensed cirrology | ||||||
| 5 | school shall provide a State-approved course of instruction | ||||||
| 6 | consisting of not less than 600 clock hours of instruction and | ||||||
| 7 | supervised practical training in the required areas of study | ||||||
| 8 | established under this Act. | ||||||
| 9 | The school shall teach the required cirrology curriculum | ||||||
| 10 | in a manner that includes theory, demonstration, supervised | ||||||
| 11 | practice, practical application, safety, sanitation, law, | ||||||
| 12 | business practices, and client-centered textured hair care | ||||||
| 13 | within the scope of this Act. | ||||||
| 14 | (e) Required school operations. A licensed cirrology | ||||||
| 15 | school shall: | ||||||
| 16 | (1) maintain an instructional environment that is | ||||||
| 17 | safe, sanitary, and suitable for professional education; | ||||||
| 18 | (2) provide classrooms, clinic or practical training | ||||||
| 19 | areas, equipment, supplies, and materials reasonably | ||||||
| 20 | necessary for instruction in cirrology; | ||||||
| 21 | (3) provide instruction only through persons | ||||||
| 22 | authorized under this Act to teach or supervise; | ||||||
| 23 | (4) maintain student records, attendance records, | ||||||
| 24 | progress records, practical training records, transcripts, | ||||||
| 25 | and proof of completion in the manner required by the | ||||||
| 26 | Department; | ||||||
| |||||||
| |||||||
| 1 | (5) maintain and disclose to students the school | ||||||
| 2 | calendar, course outline, grading standards, completion | ||||||
| 3 | requirements, attendance standards, and student policies; | ||||||
| 4 | (6) ensure that students receive the minimum required | ||||||
| 5 | instruction in the approved areas of study; | ||||||
| 6 | (7) supervise all practical and clinical instruction | ||||||
| 7 | in accordance with this Act and rules adopted under this | ||||||
| 8 | Act; | ||||||
| 9 | (8) maintain sanitation, infection control, and public | ||||||
| 10 | health practices appropriate to a professional cirrology | ||||||
| 11 | training environment; | ||||||
| 12 | (9) permit inspections by the Department in accordance | ||||||
| 13 | with this Act; and | ||||||
| 14 | (10) comply with all other requirements necessary to | ||||||
| 15 | protect students and the public. | ||||||
| 16 | (f) Enrollment and student disclosures. A licensed | ||||||
| 17 | cirrology school shall provide each student, before enrollment | ||||||
| 18 | or within the time required by rule, with a written enrollment | ||||||
| 19 | agreement or other approved disclosure document stating, at a | ||||||
| 20 | minimum: | ||||||
| 21 | (1) the name and address of the school; | ||||||
| 22 | (2) the title and length of the program; | ||||||
| 23 | (3) the total tuition, fees, and other charges; | ||||||
| 24 | (4) the refund policy; | ||||||
| 25 | (5) attendance, grading, and completion standards; | ||||||
| 26 | (6) the school's cancellation, withdrawal, and | ||||||
| |||||||
| |||||||
| 1 | termination policies; | ||||||
| 2 | (7) the conditions for graduation and issuance of | ||||||
| 3 | proof of completion; and | ||||||
| 4 | (8) any other disclosures required by the Department. | ||||||
| 5 | (g) Student instruction and practical training. A licensed | ||||||
| 6 | cirrology school may provide supervised practical instruction, | ||||||
| 7 | student clinic services, demonstrations, and other educational | ||||||
| 8 | activities consistent with this Act and rules adopted under | ||||||
| 9 | this Act. | ||||||
| 10 | Students may perform practical services only: | ||||||
| 11 | (1) as part of an approved course of instruction; | ||||||
| 12 | (2) under the supervision required by this Act; and | ||||||
| 13 | (3) in a manner consistent with public health, | ||||||
| 14 | consumer protection, and the educational purpose of the | ||||||
| 15 | school. | ||||||
| 16 | Nothing in this subsection authorizes a student to | ||||||
| 17 | independently practice cirrology for compensation except as | ||||||
| 18 | otherwise expressly permitted by law. | ||||||
| 19 | (h) Licensed teachers required. A licensed cirrology | ||||||
| 20 | school shall employ or contract with one or more licensed | ||||||
| 21 | cirrology teachers sufficient to provide proper instruction | ||||||
| 22 | and supervision. No school may provide cirrology instruction | ||||||
| 23 | through an unlicensed person except as otherwise expressly | ||||||
| 24 | permitted by this Act or by rule for limited guest | ||||||
| 25 | demonstration, specialized presentation, or temporary | ||||||
| 26 | transition purposes. | ||||||
| |||||||
| |||||||
| 1 | (i) Records and proof of completion. A licensed cirrology | ||||||
| 2 | school shall maintain and preserve records in the form and for | ||||||
| 3 | the period required by the Department, including records of: | ||||||
| 4 | (1) student enrollment; | ||||||
| 5 | (2) attendance and hours completed; | ||||||
| 6 | (3) grades, evaluations, and progress; | ||||||
| 7 | (4) practical training and clinic work; | ||||||
| 8 | (5) completion status; | ||||||
| 9 | (6) tuition and fees paid; | ||||||
| 10 | (7) refunds issued; and | ||||||
| 11 | (8) any other records required by this Act or by rule. | ||||||
| 12 | Upon successful completion of the program, the school | ||||||
| 13 | shall issue official proof of completion in the form required | ||||||
| 14 | by the Department. | ||||||
| 15 | (j) Inspection and compliance. A licensed cirrology school | ||||||
| 16 | shall be subject to inspection, audit, and review by the | ||||||
| 17 | Department for purposes of determining compliance with this | ||||||
| 18 | Act and rules adopted under this Act. | ||||||
| 19 | If the Department determines that the school is not | ||||||
| 20 | operating in compliance with this Act, the Department may | ||||||
| 21 | deny, refuse to renew, place on probation, suspend, revoke, | ||||||
| 22 | restrict, or otherwise discipline the school license in | ||||||
| 23 | accordance with this Act. | ||||||
| 24 | (k) Additional cirrology program approval for existing | ||||||
| 25 | schools. A barber school, cosmetology school, or other school | ||||||
| 26 | licensed under another Illinois licensing Act may apply to the | ||||||
| |||||||
| |||||||
| 1 | Department for approval to add a cirrology program as a | ||||||
| 2 | separate approved course of instruction under this Act. | ||||||
| 3 | A school seeking approval under this subsection shall: | ||||||
| 4 | (1) satisfy the same cirrology-specific curriculum, | ||||||
| 5 | instructor, supervision, sanitation, recordkeeping, and | ||||||
| 6 | student-protection requirements applicable to a licensed | ||||||
| 7 | cirrology school under this Act; | ||||||
| 8 | (2) obtain approval from the Department before | ||||||
| 9 | advertising, enrolling students into, or offering the | ||||||
| 10 | cirrology program; and | ||||||
| 11 | (3) maintain the cirrology program as a separate | ||||||
| 12 | approved program under this Act. | ||||||
| 13 | Approval under this subsection shall not be construed to | ||||||
| 14 | merge cirrology into cosmetology, barbering, or any other | ||||||
| 15 | profession regulated under another Act. | ||||||
| 16 | (l) Branches, satellite sites, and additional locations. | ||||||
| 17 | The Department may require separate approval, registration, or | ||||||
| 18 | disclosure for branch locations, satellite instructional | ||||||
| 19 | sites, shared facilities, or other additional locations used | ||||||
| 20 | for cirrology instruction. No additional site may be used for | ||||||
| 21 | instruction unless authorized by the Department in accordance | ||||||
| 22 | with this Act or by rule. | ||||||
| 23 | (m) Transition for existing schools. During the 18-month | ||||||
| 24 | transition period established under this Act, the Department | ||||||
| 25 | may issue, convert, or recognize corresponding school approval | ||||||
| 26 | under this Act for a school that previously operated, was | ||||||
| |||||||
| |||||||
| 1 | approved, or was recognized under prior hair braider law, | ||||||
| 2 | provided the school is in good standing and complies with any | ||||||
| 3 | transition requirements established by rule. | ||||||
| 4 | The Department shall administer this subsection in a | ||||||
| 5 | manner that preserves continuity of lawful educational | ||||||
| 6 | operations and avoids unnecessary disruption to current | ||||||
| 7 | students, educators, and approved programs. | ||||||
| 8 | (n) Scope of school license. Licensure as a licensed | ||||||
| 9 | cirrology school authorizes the holder to provide the approved | ||||||
| 10 | cirrology course of instruction and related educational | ||||||
| 11 | functions permitted under this Act. A school license does not, | ||||||
| 12 | by itself, authorize the school to act as an approved | ||||||
| 13 | continuing education sponsor, approved apprenticeship partner, | ||||||
| 14 | approved partner employer, or registered cirrology shop unless | ||||||
| 15 | separately approved, registered, or licensed under this Act. | ||||||
| 16 | (o) Rulemaking authority. The Department may adopt rules | ||||||
| 17 | necessary to implement this Section, including rules | ||||||
| 18 | concerning school applications, facilities, curriculum | ||||||
| 19 | approval, student-teacher ratios, records, disclosures, | ||||||
| 20 | inspections, branch locations, transition standards, and other | ||||||
| 21 | administrative or educational requirements, upon | ||||||
| 22 | recommendation of the Board where required under this Act. | ||||||
| 23 | Section 9.1. Existing barber and cosmetology schools | ||||||
| 24 | adding cirrology as an additional program. Nothing in this Act | ||||||
| 25 | shall be construed to limit, modify, or restrict the lawful | ||||||
| |||||||
| |||||||
| 1 | scope of practice of licensed cosmetologists, barbers, | ||||||
| 2 | estheticians, or other professionals regulated under the | ||||||
| 3 | Barber, Cosmetology, Esthetics, Hair Braiding, and Nail | ||||||
| 4 | Technology Act of 1985. | ||||||
| 5 | Barber and cosmetology schools may apply to add a | ||||||
| 6 | cirrology program as a separate approved course of | ||||||
| 7 | instruction. They must satisfy all cirrology-specific | ||||||
| 8 | requirements. Approval does not merge cirrology into | ||||||
| 9 | cosmetology or barbering. Board recommendation is required | ||||||
| 10 | before Department approval. | ||||||
| 11 | Section 10. Qualifications for approved continuing | ||||||
| 12 | education sponsor. | ||||||
| 13 | (a) Approval required. No person, business, school, | ||||||
| 14 | institution, organization, association, or other entity may | ||||||
| 15 | advertise, offer, or hold itself out as an approved continuing | ||||||
| 16 | education sponsor under this Act unless approved by the | ||||||
| 17 | Department. | ||||||
| 18 | (b) Purpose. An approved continuing education sponsor | ||||||
| 19 | shall provide continuing education designed to promote | ||||||
| 20 | professional competency, public health, sanitation, legal | ||||||
| 21 | compliance, educator development, business development, and | ||||||
| 22 | safe practice within the field of cirrology. | ||||||
| 23 | (c) Qualifications for approval. An applicant for approval | ||||||
| 24 | as an approved continuing education sponsor shall: | ||||||
| 25 | (1) submit a completed application on forms prescribed | ||||||
| |||||||
| |||||||
| 1 | by the Department; | ||||||
| 2 | (2) pay the required application or approval fee; | ||||||
| 3 | (3) identify the legal name and business address of | ||||||
| 4 | the applicant; | ||||||
| 5 | (4) identify the owner, operator, or authorized | ||||||
| 6 | representative responsible for the continuing education | ||||||
| 7 | program; | ||||||
| 8 | (5) demonstrate the ability to provide organized, | ||||||
| 9 | accurate, and professionally relevant continuing education | ||||||
| 10 | consistent with this Act; | ||||||
| 11 | (6) submit course topics, instructional methods, | ||||||
| 12 | attendance procedures, completion standards, and | ||||||
| 13 | recordkeeping procedures in the form required by the | ||||||
| 14 | Department; and | ||||||
| 15 | (7) satisfy any other reasonable requirements | ||||||
| 16 | established by this Act or by rule. | ||||||
| 17 | (d) Subjects for continuing education. Continuing | ||||||
| 18 | education offered under this Act may include, but is not | ||||||
| 19 | limited to, instruction in the following areas: | ||||||
| 20 | (1) sanitation, disinfection, infection control, and | ||||||
| 21 | public health; | ||||||
| 22 | (2) scalp health, hair health, and safe textured hair | ||||||
| 23 | care practices; | ||||||
| 24 | (3) developments in natural hair care, braiding, loc | ||||||
| 25 | care, protective styling, and nonchemical textured hair | ||||||
| 26 | services; | ||||||
| |||||||
| |||||||
| 1 | (4) this Act and rules adopted under this Act; | ||||||
| 2 | (5) professional ethics, consumer protection, and | ||||||
| 3 | lawful scope of practice; | ||||||
| 4 | (6) educator development and instructional methods; | ||||||
| 5 | (7) apprenticeship supervision and workforce training | ||||||
| 6 | support; | ||||||
| 7 | (8) school compliance, recordkeeping, and | ||||||
| 8 | instructional standards; | ||||||
| 9 | (9) business practices, salon or shop management, | ||||||
| 10 | branding, marketing, merchandising, and entrepreneurship; | ||||||
| 11 | (10) product knowledge, nontoxic product education, | ||||||
| 12 | and safe use of tools and implements; and | ||||||
| 13 | (11) any other subject approved by the Department as | ||||||
| 14 | relevant to the competency and professional development of | ||||||
| 15 | persons credentialed under this Act. | ||||||
| 16 | (e) Approved formats. Continuing education may be offered | ||||||
| 17 | in live, in-person, remote, online, hybrid, seminar, workshop, | ||||||
| 18 | conference, demonstration, or other instructional formats | ||||||
| 19 | approved by the Department. | ||||||
| 20 | The Department may adopt rules regarding the number of | ||||||
| 21 | hours that may be completed through distance or online | ||||||
| 22 | instruction and the standards for verifying participation and | ||||||
| 23 | completion. | ||||||
| 24 | (f) Instructors and presenters. An approved continuing | ||||||
| 25 | education sponsor shall ensure that courses are taught or | ||||||
| 26 | presented by persons who are qualified by education, training, | ||||||
| |||||||
| |||||||
| 1 | licensure, professional experience, subject matter expertise, | ||||||
| 2 | or instructional background to teach the subject matter | ||||||
| 3 | offered. | ||||||
| 4 | The Department may require documentation of instructor | ||||||
| 5 | qualifications and may establish standards by rule for course | ||||||
| 6 | presenters. | ||||||
| 7 | (g) Course approval and standards. The Department may | ||||||
| 8 | require pre-approval of courses or may approve sponsors | ||||||
| 9 | subject to compliance with course standards established by | ||||||
| 10 | this Act and by rule. | ||||||
| 11 | All continuing education offered under this Act shall: | ||||||
| 12 | (1) be accurate and professionally relevant; | ||||||
| 13 | (2) be consistent with the scope and purpose of this | ||||||
| 14 | Act; | ||||||
| 15 | (3) promote competent, safe, and ethical practice; and | ||||||
| 16 | (4) avoid false, misleading, or deceptive claims. | ||||||
| 17 | (h) Records and certificates. An approved continuing | ||||||
| 18 | education sponsor shall maintain records of: | ||||||
| 19 | (1) courses offered; | ||||||
| 20 | (2) dates and locations of instruction; | ||||||
| 21 | (3) instructors or presenters; | ||||||
| 22 | (4) attendance; | ||||||
| 23 | (5) course completion; and | ||||||
| 24 | (6) certificates or proof of completion issued. | ||||||
| 25 | The sponsor shall issue to each participant who | ||||||
| 26 | successfully completes a course a certificate or other proof | ||||||
| |||||||
| |||||||
| 1 | of completion in the form required by the Department. | ||||||
| 2 | The sponsor shall preserve continuing education records | ||||||
| 3 | for the period required by rule and shall make them available | ||||||
| 4 | to the Department upon request. | ||||||
| 5 | (i) Duty to report and cooperate. An approved continuing | ||||||
| 6 | education sponsor shall cooperate with the Department in | ||||||
| 7 | audits, reviews, investigations, and compliance checks and | ||||||
| 8 | shall provide records or information required to verify | ||||||
| 9 | compliance with this Act. | ||||||
| 10 | (j) Misrepresentation prohibited. Approval as an approved | ||||||
| 11 | continuing education sponsor does not authorize the sponsor | ||||||
| 12 | to: | ||||||
| 13 | (1) issue professional licenses; | ||||||
| 14 | (2) operate a licensed cirrology school unless | ||||||
| 15 | separately licensed under this Act; | ||||||
| 16 | (3) represent that completion of a continuing | ||||||
| 17 | education course alone qualifies a person for initial | ||||||
| 18 | licensure, unless expressly authorized by this Act; or | ||||||
| 19 | (4) misrepresent Department approval, endorsement, or | ||||||
| 20 | sponsorship beyond the scope of the approval granted under | ||||||
| 21 | this Section. | ||||||
| 22 | (k) Renewal and continued compliance. Approval as an | ||||||
| 23 | approved continuing education sponsor shall be subject to | ||||||
| 24 | renewal, continued compliance, and any audit, reporting, or | ||||||
| 25 | quality-control requirements established by this Act or by | ||||||
| 26 | rule. | ||||||
| |||||||
| |||||||
| 1 | (l) Transition for existing sponsors. During the 18-month | ||||||
| 2 | transition period established under this Act, the Department | ||||||
| 3 | may issue, convert, or recognize corresponding approval under | ||||||
| 4 | this Act for a continuing education sponsor previously | ||||||
| 5 | approved, recognized, or accepted under prior hair braider | ||||||
| 6 | law, provided the sponsor is in good standing and complies | ||||||
| 7 | with any transition requirements established by rule. | ||||||
| 8 | The Department shall administer this subsection in a | ||||||
| 9 | manner that preserves continuity of lawful continuing | ||||||
| 10 | education activity and avoids unnecessary disruption to | ||||||
| 11 | current licensees and approved providers. | ||||||
| 12 | (m) Discipline. If the Department determines that an | ||||||
| 13 | approved continuing education sponsor has violated this Act or | ||||||
| 14 | rules adopted under this Act, the Department may deny, refuse | ||||||
| 15 | to renew, place on probation, suspend, revoke, restrict, or | ||||||
| 16 | otherwise discipline the sponsor approval in accordance with | ||||||
| 17 | this Act. | ||||||
| 18 | (n) Scope of approval. Approval as an approved continuing | ||||||
| 19 | education sponsor authorizes the holder to offer continuing | ||||||
| 20 | education approved under this Act. Sponsor approval does not, | ||||||
| 21 | by itself, authorize the holder to act as a licensed | ||||||
| 22 | cirrologist, licensed cirrology teacher, licensed cirrology | ||||||
| 23 | school, registered cirrology shop, approved apprenticeship | ||||||
| 24 | partner, or approved partner employer unless separately | ||||||
| 25 | licensed, registered, or approved under this Act. | ||||||
| 26 | (o) Rulemaking authority. The Department may adopt rules | ||||||
| |||||||
| |||||||
| 1 | necessary to implement this Section, including rules | ||||||
| 2 | concerning sponsor applications, course standards, instructor | ||||||
| 3 | qualifications, approved formats, records, audits, renewals, | ||||||
| 4 | transition standards, and other administrative requirements, | ||||||
| 5 | upon recommendation of the Board where required under this | ||||||
| 6 | Act. | ||||||
| 7 | Section 11. Qualifications for registered cirrology shop. | ||||||
| 8 | (a) Registration required. No person or entity may operate | ||||||
| 9 | a cirrology salon or shop without a certificate of | ||||||
| 10 | registration issued by the Department as a registered | ||||||
| 11 | cirrology shop. | ||||||
| 12 | (b) Purpose. A registered cirrology shop is the registered | ||||||
| 13 | place of business through which cirrology services may be | ||||||
| 14 | offered to the public in accordance with this Act. | ||||||
| 15 | Registration under this Section is intended to protect the | ||||||
| 16 | public by ensuring that cirrology services are provided in a | ||||||
| 17 | sanitary, identifiable, and lawfully operated business | ||||||
| 18 | setting. | ||||||
| 19 | (c) Application for registration. An applicant for | ||||||
| 20 | registration as a registered cirrology shop shall: | ||||||
| 21 | (1) submit a completed application on forms prescribed | ||||||
| 22 | by the Department; | ||||||
| 23 | (2) identify the legal name of the owner and the name | ||||||
| 24 | under which the shop will operate; | ||||||
| 25 | (3) provide the address of the shop and any other | ||||||
| |||||||
| |||||||
| 1 | information required by the Department to identify the | ||||||
| 2 | location and ownership of the business; | ||||||
| 3 | (4) disclose whether the shop is operated as a sole | ||||||
| 4 | proprietorship, partnership, corporation, limited | ||||||
| 5 | liability company, or other lawful business form; | ||||||
| 6 | (5) certify compliance with sanitation, safety, and | ||||||
| 7 | operational requirements established under this Act and by | ||||||
| 8 | rule; and | ||||||
| 9 | (6) pay the required registration fee. | ||||||
| 10 | (d) Registration fee. The fee for registration of a | ||||||
| 11 | registered cirrology shop shall be $25. Payment shall be made | ||||||
| 12 | by check or money order payable to the Department of Financial | ||||||
| 13 | and Professional Regulation. The fee is not refundable. | ||||||
| 14 | (e) Expiration and renewal. The registration of a | ||||||
| 15 | registered cirrology shop shall expire on November 30 of each | ||||||
| 16 | even-numbered year. | ||||||
| 17 | A registered cirrology shop may renew its registration in | ||||||
| 18 | the manner prescribed by the Department. A shop that fails to | ||||||
| 19 | renew on or before the expiration date may not continue | ||||||
| 20 | operating unless otherwise permitted by this Act or by rule. | ||||||
| 21 | (f) Certificate of registration. Upon approval of the | ||||||
| 22 | application and payment of the required fee, the Department | ||||||
| 23 | shall issue a certificate of registration to the registered | ||||||
| 24 | cirrology shop. The certificate of registration shall be | ||||||
| 25 | displayed in a conspicuous place within the shop and shall be | ||||||
| 26 | available for inspection by the Department. | ||||||
| |||||||
| |||||||
| 1 | (g) Scope of registration. Registration as a registered | ||||||
| 2 | cirrology shop authorizes the holder to operate a place of | ||||||
| 3 | business for the performance of cirrology services for | ||||||
| 4 | compensation, provided that services are performed only by | ||||||
| 5 | persons lawfully licensed, authorized, or otherwise permitted | ||||||
| 6 | to practice under this Act. | ||||||
| 7 | Registration as a registered cirrology shop does not, by | ||||||
| 8 | itself, authorize: | ||||||
| 9 | (1) the independent practice of cirrology by an | ||||||
| 10 | unlicensed person; | ||||||
| 11 | (2) operation as a licensed cirrology school; | ||||||
| 12 | (3) operation as an approved continuing education | ||||||
| 13 | sponsor; | ||||||
| 14 | (4) operation as an approved apprenticeship partner; | ||||||
| 15 | or | ||||||
| 16 | (5) participation as an approved partner employer | ||||||
| 17 | unless separately approved under this Act. | ||||||
| 18 | (h) Shop requirements. A registered cirrology shop shall: | ||||||
| 19 | (1) maintain the premises in a clean, safe, sanitary, | ||||||
| 20 | and orderly condition; | ||||||
| 21 | (2) comply with sanitation, disinfection, infection | ||||||
| 22 | control, and public health requirements established under | ||||||
| 23 | this Act and by rule; | ||||||
| 24 | (3) maintain all tools, implements, equipment, | ||||||
| 25 | furnishings, and service areas in a condition suitable for | ||||||
| 26 | safe professional use; | ||||||
| |||||||
| |||||||
| 1 | (4) ensure that only persons lawfully licensed, | ||||||
| 2 | registered, or otherwise authorized under this Act perform | ||||||
| 3 | services requiring authorization under this Act; | ||||||
| 4 | (5) maintain the certificate of registration and any | ||||||
| 5 | other licenses required under this Act in a conspicuous | ||||||
| 6 | place within the shop; | ||||||
| 7 | (6) permit inspections by the Department in accordance | ||||||
| 8 | with this Act; | ||||||
| 9 | (7) cooperate with investigations or compliance | ||||||
| 10 | reviews conducted by the Department; | ||||||
| 11 | (8) maintain any records required by this Act or by | ||||||
| 12 | rule; and | ||||||
| 13 | (9) comply with all other requirements necessary to | ||||||
| 14 | protect the public and ensure lawful operation. | ||||||
| 15 | (i) Services within the shop. A registered cirrology shop | ||||||
| 16 | may provide services within the scope of practice established | ||||||
| 17 | by Section 4 of this Act and may offer consultation, retail | ||||||
| 18 | product sales, client education, and other lawful business | ||||||
| 19 | functions consistent with the practice of cirrology. | ||||||
| 20 | Nothing in this Section authorizes the performance of | ||||||
| 21 | services outside the scope of this Act. | ||||||
| 22 | (j) Ownership and management. A registered cirrology shop | ||||||
| 23 | may be owned by a licensed practitioner or by another lawful | ||||||
| 24 | person or entity, provided that all services requiring | ||||||
| 25 | licensure under this Act are performed only by persons | ||||||
| 26 | properly licensed or otherwise authorized under this Act. | ||||||
| |||||||
| |||||||
| 1 | Ownership of a registered cirrology shop does not, by | ||||||
| 2 | itself, authorize the owner to practice cirrology unless the | ||||||
| 3 | owner is separately licensed under this Act. | ||||||
| 4 | (k) Change of ownership, location, or operation. A | ||||||
| 5 | registered cirrology shop shall notify the Department, in the | ||||||
| 6 | manner required by rule, of any material change in ownership, | ||||||
| 7 | legal name, business name, location, or operational status. | ||||||
| 8 | The Department may require a new application, amended | ||||||
| 9 | registration, or additional approval for a material change | ||||||
| 10 | affecting the registered shop. | ||||||
| 11 | (l) Additional locations. A separate registration may be | ||||||
| 12 | required for each shop location. No additional location may | ||||||
| 13 | operate as a registered cirrology shop unless registered or | ||||||
| 14 | otherwise authorized by the Department in accordance with this | ||||||
| 15 | Act or by rule. | ||||||
| 16 | (m) Eligibility to become an approved partner employer. A | ||||||
| 17 | registered cirrology shop may apply for approval as an | ||||||
| 18 | approved partner employer if it satisfies the apprenticeship | ||||||
| 19 | supervision, training, recordkeeping, wage, and compliance | ||||||
| 20 | requirements established under this Act and by rule. | ||||||
| 21 | Registration as a registered cirrology shop does not | ||||||
| 22 | automatically confer approved partner employer status. | ||||||
| 23 | (o) Unlawful operation. It is a violation of this Act to | ||||||
| 24 | operate, advertise, or hold out a business as a cirrology | ||||||
| 25 | salon or shop without a certificate of registration issued by | ||||||
| 26 | the Department as a registered cirrology shop. | ||||||
| |||||||
| |||||||
| 1 | (p) Discipline and enforcement. If the Department | ||||||
| 2 | determines that a registered cirrology shop has violated this | ||||||
| 3 | Act or rules adopted under this Act, the Department may deny, | ||||||
| 4 | refuse to renew, place on probation, suspend, revoke, | ||||||
| 5 | restrict, or otherwise discipline the registration in | ||||||
| 6 | accordance with this Act. | ||||||
| 7 | (q) Rulemaking authority. The Department may adopt rules | ||||||
| 8 | necessary to implement this Section, including rules | ||||||
| 9 | concerning applications, registration forms, sanitation | ||||||
| 10 | standards, inspections, display requirements, multiple | ||||||
| 11 | locations, transition standards, and other administrative or | ||||||
| 12 | operational requirements, upon recommendation of the Board | ||||||
| 13 | where required under this Act. | ||||||
| 14 | Section 12. Qualifications for approved apprenticeship | ||||||
| 15 | partner. | ||||||
| 16 | (a) Approval required. No institution, program, | ||||||
| 17 | organization, or other entity may advertise, offer, | ||||||
| 18 | coordinate, host, or hold itself out as an approved | ||||||
| 19 | apprenticeship partner under this Act unless approved by the | ||||||
| 20 | Department. | ||||||
| 21 | (b) Purpose. An approved apprenticeship partner shall | ||||||
| 22 | support the cirrology apprenticeship program by providing or | ||||||
| 23 | coordinating related instruction, pre-apprenticeship | ||||||
| 24 | preparation, educational support, supportive services, program | ||||||
| 25 | coordination, or other approved apprenticeship-related | ||||||
| |||||||
| |||||||
| 1 | functions consistent with this Act. | ||||||
| 2 | (c) Eligible entities. An approved apprenticeship partner | ||||||
| 3 | may include, but is not limited to: | ||||||
| 4 | (1) a community college; | ||||||
| 5 | (2) a high school; | ||||||
| 6 | (3) a career and technical education program; | ||||||
| 7 | (4) a licensed cirrology school; | ||||||
| 8 | (5) a nonprofit training provider; | ||||||
| 9 | (6) a workforce training organization; | ||||||
| 10 | (7) a community-based educational or workforce | ||||||
| 11 | program; or | ||||||
| 12 | (8) another institution, program, or organization | ||||||
| 13 | approved by the Department as capable of supporting a | ||||||
| 14 | cirrology apprenticeship program. | ||||||
| 15 | (d) Qualifications for approval. An applicant for approval | ||||||
| 16 | as an approved apprenticeship partner shall: | ||||||
| 17 | (1) submit a completed application on forms prescribed | ||||||
| 18 | by the Department; | ||||||
| 19 | (2) pay the required application or approval fee, if | ||||||
| 20 | any; | ||||||
| 21 | (3) identify the legal name, address, and responsible | ||||||
| 22 | representative of the applicant; | ||||||
| 23 | (4) describe the educational, supportive, | ||||||
| 24 | instructional, coordination, or workforce functions the | ||||||
| 25 | applicant proposes to perform under this Act; | ||||||
| 26 | (5) demonstrate the capacity to provide or coordinate | ||||||
| |||||||
| |||||||
| 1 | related instruction, pre-apprenticeship services, student | ||||||
| 2 | or apprentice support, or other approved | ||||||
| 3 | apprenticeship-related functions in a manner consistent | ||||||
| 4 | with this Act; | ||||||
| 5 | (6) demonstrate the ability to maintain records, | ||||||
| 6 | monitor participation, and cooperate with the Department | ||||||
| 7 | and other approved entities involved in the cirrology | ||||||
| 8 | apprenticeship program; | ||||||
| 9 | (7) agree to comply with this Act and rules adopted | ||||||
| 10 | under this Act; and | ||||||
| 11 | (8) satisfy any other reasonable requirements | ||||||
| 12 | established by this Act or by rule. | ||||||
| 13 | (e) Authorized functions. An approved apprenticeship | ||||||
| 14 | partner may, to the extent authorized by this Act and rules | ||||||
| 15 | adopted under this Act: | ||||||
| 16 | (1) provide or coordinate related instruction for a | ||||||
| 17 | cirrology apprenticeship program; | ||||||
| 18 | (2) provide or host a pre-apprenticeship program; | ||||||
| 19 | (3) provide orientation, mentoring, tutoring, academic | ||||||
| 20 | support, work-readiness support, or other educational | ||||||
| 21 | support for apprentices or prospective apprentices; | ||||||
| 22 | (4) coordinate scheduling, progress tracking, | ||||||
| 23 | attendance monitoring, evaluations, and communications | ||||||
| 24 | among apprentices, approved partner employers, licensed | ||||||
| 25 | cirrology schools, and the Department; | ||||||
| 26 | (5) provide or coordinate supportive services intended | ||||||
| |||||||
| |||||||
| 1 | to help apprentices enter, remain in, and complete the | ||||||
| 2 | apprenticeship pathway, consistent with law and available | ||||||
| 3 | program authority; | ||||||
| 4 | (6) collaborate with community colleges, high schools, | ||||||
| 5 | career and technical education programs, workforce | ||||||
| 6 | partners, nonprofit providers, licensed cirrology schools, | ||||||
| 7 | and approved partner employers; | ||||||
| 8 | (7) assist with documentation, reports, and records | ||||||
| 9 | required under this Act; and | ||||||
| 10 | (8) perform any other apprenticeship-related support | ||||||
| 11 | function approved by the Department and consistent with | ||||||
| 12 | this Act. | ||||||
| 13 | (f) Related instruction. If an approved apprenticeship | ||||||
| 14 | partner provides related instruction, the instruction shall: | ||||||
| 15 | (1) be relevant to the cirrology apprenticeship | ||||||
| 16 | program; | ||||||
| 17 | (2) be consistent with the curriculum, competencies, | ||||||
| 18 | health and safety standards, and public protection | ||||||
| 19 | purposes of this Act; | ||||||
| 20 | (3) be provided by qualified instructors, educators, | ||||||
| 21 | or subject matter presenters as permitted under this Act | ||||||
| 22 | or by rule; and | ||||||
| 23 | (4) be documented in the manner required by the | ||||||
| 24 | Department. | ||||||
| 25 | (g) Pre-apprenticeship support. An approved apprenticeship | ||||||
| 26 | partner may offer or coordinate a pre-apprenticeship program | ||||||
| |||||||
| |||||||
| 1 | designed to prepare individuals for entry into a cirrology | ||||||
| 2 | apprenticeship program through foundational instruction, | ||||||
| 3 | career exposure, work-readiness development, supportive | ||||||
| 4 | services, or other related preparation. | ||||||
| 5 | Participation in a pre-apprenticeship program does not, by | ||||||
| 6 | itself: | ||||||
| 7 | (1) authorize independent practice under this Act; | ||||||
| 8 | (2) constitute licensure under this Act; or | ||||||
| 9 | (3) guarantee placement in an apprenticeship, unless | ||||||
| 10 | otherwise provided by written agreement or program | ||||||
| 11 | standards approved under this Act. | ||||||
| 12 | (h) Agreements and coordination. An approved | ||||||
| 13 | apprenticeship partner may enter into written agreements or | ||||||
| 14 | collaborations with: | ||||||
| 15 | (1) an approved partner employer; | ||||||
| 16 | (2) a licensed cirrology school; | ||||||
| 17 | (3) a community college, high school, or career and | ||||||
| 18 | technical education program; | ||||||
| 19 | (4) a workforce training organization or | ||||||
| 20 | community-based partner; or | ||||||
| 21 | (5) another approved institution or entity involved in | ||||||
| 22 | the cirrology apprenticeship program. | ||||||
| 23 | Any agreement under this subsection shall be consistent | ||||||
| 24 | with this Act and rules adopted under this Act and shall not | ||||||
| 25 | authorize independent practice outside the scope of this Act. | ||||||
| 26 | (i) Records and documentation. An approved apprenticeship | ||||||
| |||||||
| |||||||
| 1 | partner shall maintain records required by the Department | ||||||
| 2 | concerning any function performed under this Act, including, | ||||||
| 3 | where applicable: | ||||||
| 4 | (1) apprentice participation; | ||||||
| 5 | (2) related instruction provided; | ||||||
| 6 | (3) attendance and completion records; | ||||||
| 7 | (4) supportive services or program coordination | ||||||
| 8 | records; | ||||||
| 9 | (5) agreements with other approved entities; and | ||||||
| 10 | (6) any other records required by this Act or by rule. | ||||||
| 11 | The approved apprenticeship partner shall preserve records | ||||||
| 12 | for the period required by rule and shall make them available | ||||||
| 13 | to the Department upon request. | ||||||
| 14 | (j) No independent practice authority. Approval as an | ||||||
| 15 | approved apprenticeship partner does not, by itself, | ||||||
| 16 | authorize: | ||||||
| 17 | (1) the independent practice of cirrology; | ||||||
| 18 | (2) operation as a licensed cirrology school unless | ||||||
| 19 | separately licensed under this Act; | ||||||
| 20 | (3) operation as a registered cirrology shop unless | ||||||
| 21 | separately registered under this Act; | ||||||
| 22 | (4) operation as an approved continuing education | ||||||
| 23 | sponsor unless separately approved under this Act; or | ||||||
| 24 | (5) operation as an approved partner employer unless | ||||||
| 25 | separately approved under this Act. | ||||||
| 26 | (k) Compliance and cooperation. An approved apprenticeship | ||||||
| |||||||
| |||||||
| 1 | partner shall cooperate with the Department in audits, | ||||||
| 2 | reviews, investigations, compliance monitoring, and requests | ||||||
| 3 | for information related to its approved functions under this | ||||||
| 4 | Act. | ||||||
| 5 | (m) Discipline. If the Department determines that an | ||||||
| 6 | approved apprenticeship partner has violated this Act or rules | ||||||
| 7 | adopted under this Act, the Department may deny, refuse to | ||||||
| 8 | renew, place on probation, suspend, revoke, restrict, or | ||||||
| 9 | otherwise discipline the approval in accordance with this Act. | ||||||
| 10 | (n) Scope of approval. Approval as an approved | ||||||
| 11 | apprenticeship partner authorizes the holder to perform only | ||||||
| 12 | those functions permitted under this Act and approved by the | ||||||
| 13 | Department. Approval under this Section does not, by itself, | ||||||
| 14 | authorize the holder to issue licenses, certify independent | ||||||
| 15 | practice, or act outside the scope of the approval granted | ||||||
| 16 | under this Act. | ||||||
| 17 | (o) Rulemaking authority. The Department may adopt rules | ||||||
| 18 | necessary to implement this Section, including rules | ||||||
| 19 | concerning applications, qualifications, related instruction, | ||||||
| 20 | records, supportive services, agreements, transition | ||||||
| 21 | standards, audits, and other administrative requirements, upon | ||||||
| 22 | recommendation of the Board where required under this Act. | ||||||
| 23 | Section 15. Transition; grandfathering; temporary | ||||||
| 24 | licensure. | ||||||
| 25 | (a) Purpose. The purpose of this Section is to ensure that | ||||||
| |||||||
| |||||||
| 1 | the repeal, transfer, replacement, or amendment of hair | ||||||
| 2 | braiding provisions under prior law and rules do not | ||||||
| 3 | unnecessarily interrupt lawful work, education, teaching, | ||||||
| 4 | licensure, school approval, sponsor approval, or business | ||||||
| 5 | operations while the State transitions to regulation under | ||||||
| 6 | this Act. | ||||||
| 7 | (b) Transition period. For a period of 18 months after the | ||||||
| 8 | effective date of this Act, the Department shall administer | ||||||
| 9 | the orderly transition of hair braider licensure, teaching | ||||||
| 10 | approval, school approval, continuing education approval, and | ||||||
| 11 | related registrations or credentials from prior law into the | ||||||
| 12 | corresponding cirrology categories established under this Act. | ||||||
| 13 | During the 18-month transition period, the Department | ||||||
| 14 | shall implement this Act in a manner that preserves continuity | ||||||
| 15 | of lawful practice, instruction, school operation, continuing | ||||||
| 16 | education activity, business operation, renewal, and public | ||||||
| 17 | protection. | ||||||
| 18 | (c) Automatic transition for current hair braider | ||||||
| 19 | licensees. During the 18-month transition period, any person | ||||||
| 20 | holding an active Illinois hair braider license in good | ||||||
| 21 | standing shall be eligible for automatic transition into the | ||||||
| 22 | corresponding cirrology licensure category for renewal | ||||||
| 23 | purposes. | ||||||
| 24 | The Department shall permit the license holder to renew | ||||||
| 25 | under the designated cirrology category without requiring | ||||||
| 26 | completion of the full 600-hour cirrology school program at | ||||||
| |||||||
| |||||||
| 1 | the time of transition, subject only to any limited | ||||||
| 2 | sanitation, public health, legal, or administrative transition | ||||||
| 3 | requirement established by rule and consistent with the | ||||||
| 4 | purpose of this Act. | ||||||
| 5 | (d) Renewal dates carried forward. All hair braider | ||||||
| 6 | license expiration and renewal dates of October 31 for | ||||||
| 7 | even-numbered years shall automatically apply to the | ||||||
| 8 | corresponding cirrology license category during the transition | ||||||
| 9 | period until superseded by law or rule adopted under this Act. | ||||||
| 10 | The Department shall administer renewals during the transition | ||||||
| 11 | period in a manner that avoids lapse, forfeiture, or | ||||||
| 12 | interruption of lawful practice solely because the statutory | ||||||
| 13 | category name or governing Act has changed. | ||||||
| 14 | Transition requirements adopted under this Section shall | ||||||
| 15 | be limited to sanitation, public health, legal, or | ||||||
| 16 | administrative components reasonably necessary to implement | ||||||
| 17 | this Act and may not be imposed in a manner that creates an | ||||||
| 18 | unnecessary interruption of lawful practice, instruction, | ||||||
| 19 | school operation, continuing education activity, or business | ||||||
| 20 | operation. | ||||||
| 21 | (e) Transitional pathway for schools, sponsors, shops, and | ||||||
| 22 | partner approvals. During the 18-month transition period, the | ||||||
| 23 | Department may issue, convert, renew, or recognize | ||||||
| 24 | corresponding credentials under this Act for schools, | ||||||
| 25 | continuing education sponsors, shops, apprenticeship-related | ||||||
| 26 | partners, employers, and other entities previously approved, | ||||||
| |||||||
| |||||||
| 1 | recognized, registered, or lawfully operating under prior hair | ||||||
| 2 | braider law if the person or entity is in good standing and | ||||||
| 3 | meets any transition requirements established by rule. | ||||||
| 4 | This subsection shall be administered in a manner that | ||||||
| 5 | avoids unnecessary interruption of lawful educational | ||||||
| 6 | operations, continuing education activity, apprenticeship | ||||||
| 7 | participation, or business registration solely because the | ||||||
| 8 | credential is being transferred into a cirrology category | ||||||
| 9 | under this Act. | ||||||
| 10 | (f) Continuity of lawful practice and operation. No person | ||||||
| 11 | or entity lawfully licensed, registered, or approved under | ||||||
| 12 | prior hair braider law shall lose the authority to continue | ||||||
| 13 | practice, instruction, school operation, continuing education | ||||||
| 14 | activity, business operation, or apprenticeship participation | ||||||
| 15 | solely because statutory references, forms, databases, or | ||||||
| 16 | administrative processes have not yet been updated to reflect | ||||||
| 17 | the transition to this Act, so long as the person or entity | ||||||
| 18 | timely complies with transition requirements established by | ||||||
| 19 | the Department. | ||||||
| 20 | (g) Corresponding categories. For purposes of this | ||||||
| 21 | Section, the Department shall determine the corresponding | ||||||
| 22 | cirrology category into which a prior credential shall | ||||||
| 23 | transition, based on the nature of the prior credential and | ||||||
| 24 | the categories created under this Act. | ||||||
| 25 | The Department may adopt rules to implement the transition | ||||||
| 26 | of individual, instructional, school, sponsor, shop, | ||||||
| |||||||
| |||||||
| 1 | apprenticeship, or other related credentials into their | ||||||
| 2 | appropriate cirrology categories. | ||||||
| 3 | (h) Department authority during transition. During the | ||||||
| 4 | 18-month transition period, the Department may: | ||||||
| 5 | (1) convert existing licenses, registrations, and | ||||||
| 6 | approvals into the corresponding cirrology categories; | ||||||
| 7 | (2) issue temporary, conditional, or provisional | ||||||
| 8 | credentials to prevent unnecessary interruption of lawful | ||||||
| 9 | work or instruction; | ||||||
| 10 | (3) require limited sanitation, legal, public health, | ||||||
| 11 | or administrative transition components; | ||||||
| 12 | (4) accept affidavits, existing records, prior | ||||||
| 13 | licenses, and other reliable documentation for transition | ||||||
| 14 | purposes; | ||||||
| 15 | (5) extend deadlines or cure periods for | ||||||
| 16 | administrative good cause; and | ||||||
| 17 | (6) adopt rules necessary to carry out the purposes of | ||||||
| 18 | this Section. | ||||||
| 19 | (k) Construction. This Section shall be liberally | ||||||
| 20 | construed to preserve continuity, protect the public, | ||||||
| 21 | recognize lawful prior practice and experience, and ensure an | ||||||
| 22 | orderly transfer of hair braiding and related textured hair | ||||||
| 23 | licensure into the cirrology framework created by this Act. | ||||||
| 24 | (i) Rulemaking authority. The Department may adopt rules | ||||||
| 25 | necessary to implement this Section, including rules | ||||||
| 26 | concerning conversion, renewal, grandfathering, temporary | ||||||
| |||||||
| |||||||
| 1 | licensure, documentary proof, good standing, corresponding | ||||||
| 2 | categories, school and teacher transition, sponsor transition, | ||||||
| 3 | shop transition, and administrative continuity, upon | ||||||
| 4 | recommendation of the Board where required under this Act. | ||||||
| 5 | Section 16. Board of Cirrology. | ||||||
| 6 | (a) Establishment. The Board of Cirrology is created | ||||||
| 7 | within the Department. The Board shall be the | ||||||
| 8 | profession-specific advisory and recommending body for all | ||||||
| 9 | matters arising under this Act. | ||||||
| 10 | (b) Purpose. The purpose of the Board is to ensure that | ||||||
| 11 | standards governing cirrology are developed by persons with | ||||||
| 12 | demonstrated expertise in nonchemical textured hair practice, | ||||||
| 13 | education, public health, cultural competency, consumer | ||||||
| 14 | protection, and workforce access. In administering this Act, | ||||||
| 15 | the Department and the Board shall preserve the distinct | ||||||
| 16 | professional identity of cirrology, prevent unnecessary | ||||||
| 17 | barriers to entry, and avoid the historical misclassification | ||||||
| 18 | of textured hair services within regulatory frameworks that do | ||||||
| 19 | not reflect the actual scope, science, culture, or public | ||||||
| 20 | health needs of textured hair practice. | ||||||
| 21 | (c) Membership. The Board shall consist of 9 members | ||||||
| 22 | appointed by the Governor, by and with the advice and consent | ||||||
| 23 | of the Senate. | ||||||
| 24 | (d) Composition. The membership of the Board shall | ||||||
| 25 | include, at a minimum: | ||||||
| |||||||
| |||||||
| 1 | (1) 3 members who are licensed cirrologists or, during | ||||||
| 2 | the transition period established under this Act, persons | ||||||
| 3 | eligible for transitional licensure under this Act, each | ||||||
| 4 | of whom has at least 5 years of active practice in textured | ||||||
| 5 | hair services; | ||||||
| 6 | (2) 2 members who are founders, pioneers, or educators | ||||||
| 7 | with at least 10 years of documented leadership, | ||||||
| 8 | instruction, curriculum development, research, or advocacy | ||||||
| 9 | in textured hair care in Illinois; | ||||||
| 10 | (3) one member who is an owner, administrator, or lead | ||||||
| 11 | academic officer of a licensed cirrology school or | ||||||
| 12 | approved cirrology education program; | ||||||
| 13 | (4) one member who is a dermatologist, trichologist, | ||||||
| 14 | public health professional, or other licensed health | ||||||
| 15 | professional with expertise in scalp and hair health | ||||||
| 16 | affecting textured hair; | ||||||
| 17 | (5) one member who is a public member representing | ||||||
| 18 | consumer interests and who is not licensed under this Act | ||||||
| 19 | and has no financial interest in a school, shop, product | ||||||
| 20 | manufacturer, distributor, testing vendor, or continuing | ||||||
| 21 | education provider regulated under this Act; and | ||||||
| 22 | (6) one member who is a workforce development, civil | ||||||
| 23 | rights, reentry, or community-based representative with | ||||||
| 24 | experience expanding access to education, | ||||||
| 25 | entrepreneurship, or occupational opportunity for | ||||||
| 26 | historically excluded communities. | ||||||
| |||||||
| |||||||
| 1 | (e) Appointment considerations. In making appointments, | ||||||
| 2 | the Governor shall give due consideration to recommendations | ||||||
| 3 | submitted by statewide organizations representing | ||||||
| 4 | cirrologists, natural hair professionals, hair braiders, | ||||||
| 5 | textured hair educators, consumer advocates, public health | ||||||
| 6 | professionals, and other stakeholders with demonstrated | ||||||
| 7 | experience in textured hair safety, education, cultural | ||||||
| 8 | practice, and workforce access. | ||||||
| 9 | To the extent practicable, appointments shall reflect the | ||||||
| 10 | geographic, racial, cultural, and professional diversity of | ||||||
| 11 | Illinois and of the communities most affected by this Act. | ||||||
| 12 | (f) Independence of the profession. No more than one | ||||||
| 13 | member of the Board may simultaneously hold a cosmetology, | ||||||
| 14 | barbering, or related license issued under another Act unless | ||||||
| 15 | that member otherwise qualifies under one of the categories | ||||||
| 16 | set forth in this Section and demonstrates substantial | ||||||
| 17 | experience specific to textured hair practice. | ||||||
| 18 | Nothing in this Section shall be construed to authorize | ||||||
| 19 | the Board or the Department to define cirrology by reference | ||||||
| 20 | to cosmetology, barbering, or any other profession regulated | ||||||
| 21 | under another Act except where expressly provided by law. | ||||||
| 22 | (g) Terms. Members shall serve staggered 3-year terms and | ||||||
| 23 | until their successors are appointed and qualified. No member | ||||||
| 24 | shall serve more than 2 consecutive terms. | ||||||
| 25 | Of the initial appointees, the Governor may designate | ||||||
| 26 | staggered initial terms as necessary to establish term | ||||||
| |||||||
| |||||||
| 1 | rotation. | ||||||
| 2 | (h) Vacancies. A vacancy occurring on the Board shall be | ||||||
| 3 | filled in the same manner as the original appointment for the | ||||||
| 4 | unexpired portion of the term. | ||||||
| 5 | (i) Removal. A member may be removed in accordance with | ||||||
| 6 | applicable law for neglect of duty, misconduct, inability to | ||||||
| 7 | serve, or other cause consistent with service on a State | ||||||
| 8 | board. | ||||||
| 9 | (j) Quorum and meetings. A majority of the members then | ||||||
| 10 | appointed to the Board shall constitute a quorum. The Board | ||||||
| 11 | shall meet at the call of the Chair, at the request of the | ||||||
| 12 | Department, or as otherwise provided by rule or schedule | ||||||
| 13 | adopted under this Act. | ||||||
| 14 | The Board may establish committees, work groups, or | ||||||
| 15 | advisory structures consistent with this Act and subject to | ||||||
| 16 | applicable law. | ||||||
| 17 | (k) Officers. The Board shall annually elect from its | ||||||
| 18 | members a Chair and Vice-Chair and may elect or designate any | ||||||
| 19 | other officer authorized by rule or procedure. | ||||||
| 20 | (l) Powers and duties. The Board shall advise and make | ||||||
| 21 | recommendations to the Department on all matters concerning | ||||||
| 22 | this Act, including, but not limited to: | ||||||
| 23 | (1) scope of practice and professional standards for | ||||||
| 24 | cirrology; | ||||||
| 25 | (2) curriculum standards for licensed cirrology | ||||||
| 26 | schools and approved cirrology programs; | ||||||
| |||||||
| |||||||
| 1 | (3) qualifications for licensure, registration, and | ||||||
| 2 | approval under this Act; | ||||||
| 3 | (4) examinations, competency standards, and evaluation | ||||||
| 4 | requirements; | ||||||
| 5 | (5) teacher-training standards and educational | ||||||
| 6 | requirements; | ||||||
| 7 | (6) continuing education standards and sponsor | ||||||
| 8 | approval criteria; | ||||||
| 9 | (7) standards for registered cirrology shops; | ||||||
| 10 | (8) standards for approved apprenticeship partners and | ||||||
| 11 | approved partner employers; | ||||||
| 12 | (9) cirrology apprenticeship program requirements, | ||||||
| 13 | including related instruction, supervision, competency, | ||||||
| 14 | and workforce access; | ||||||
| 15 | (10) sanitation, disinfection, infection control, and | ||||||
| 16 | public health standards; | ||||||
| 17 | (11) transition, grandfathering, temporary licensure, | ||||||
| 18 | and conversion of credentials from prior law; | ||||||
| 19 | (12) rules necessary to implement and enforce this | ||||||
| 20 | Act; | ||||||
| 21 | (13) discipline, consumer protection, and lawful scope | ||||||
| 22 | enforcement; and | ||||||
| 23 | (14) any other matter referred to the Board by the | ||||||
| 24 | Department or otherwise arising under this Act. | ||||||
| 25 | (m) Recommendation required. The Department shall seek and | ||||||
| 26 | obtain the recommendation of the Board before: | ||||||
| |||||||
| |||||||
| 1 | (1) adopting, amending, or repealing rules under this | ||||||
| 2 | Act; | ||||||
| 3 | (2) approving or materially modifying curriculum | ||||||
| 4 | standards, school standards, teacher standards, or | ||||||
| 5 | examination standards under this Act; | ||||||
| 6 | (3) approving or materially modifying standards for | ||||||
| 7 | apprenticeship, continuing education, shops, partner | ||||||
| 8 | approvals, or transition requirements under this Act; or | ||||||
| 9 | (4) materially changing professional standards | ||||||
| 10 | specific to cirrology. | ||||||
| 11 | If the Department rejects or materially modifies a | ||||||
| 12 | recommendation of the Board on a matter arising under this | ||||||
| 13 | Act, the Department shall provide the Board with a written | ||||||
| 14 | explanation stating the reasons for the rejection or | ||||||
| 15 | modification. | ||||||
| 16 | (n) Compensation and reimbursement. Each voting member of | ||||||
| 17 | the Board shall receive a per diem stipend for attendance at | ||||||
| 18 | duly called Board meetings, committee meetings, hearings, | ||||||
| 19 | rulemaking sessions, and other authorized Board work performed | ||||||
| 20 | under this Act. | ||||||
| 21 | Each member shall also be reimbursed for all legitimate, | ||||||
| 22 | necessary, and authorized expenses incurred in carrying out | ||||||
| 23 | official Board duties, including travel, mileage, lodging, | ||||||
| 24 | meals, and related expenses, subject to applicable State | ||||||
| 25 | travel policies. | ||||||
| 26 | Compensation and reimbursement under this subsection shall | ||||||
| |||||||
| |||||||
| 1 | be paid from fees collected under this Act or from the | ||||||
| 2 | applicable professional regulation fund. | ||||||
| 3 | The per diem stipend established under this subsection | ||||||
| 4 | shall reflect the specialized professional expertise required | ||||||
| 5 | for service under this Act and shall not be set at a nominal | ||||||
| 6 | amount inconsistent with meaningful public participation. | ||||||
| 7 | (o) Conflicts of interest. Each Board member shall | ||||||
| 8 | disclose any ownership interest, employment, compensation, | ||||||
| 9 | consulting relationship, or contractual relationship with a | ||||||
| 10 | school, shop, product manufacturer, distributor, examination | ||||||
| 11 | vendor, continuing education provider, or trade association | ||||||
| 12 | affected by this Act. | ||||||
| 13 | A member shall recuse himself or herself from any | ||||||
| 14 | recommendation, deliberation, or vote presenting a direct | ||||||
| 15 | financial conflict of interest. | ||||||
| 16 | No person whose primary financial interest is in a | ||||||
| 17 | national testing vendor, product manufacturer, curriculum | ||||||
| 18 | vendor, or similar commercial enterprise seeking to influence | ||||||
| 19 | market access under this Act may serve as Chair of the Board. | ||||||
| 20 | (p) Good faith immunity. A Board member shall not be | ||||||
| 21 | civilly liable for any act, omission, recommendation, | ||||||
| 22 | decision, or other conduct undertaken in good faith within the | ||||||
| 23 | scope of his or her duties under this Act, except for willful, | ||||||
| 24 | wanton, or intentional misconduct. | ||||||
| 25 | (q) Administrative support. The Department shall provide | ||||||
| 26 | administrative support to the Board sufficient to carry out | ||||||
| |||||||
| |||||||
| 1 | its duties under this Act. | ||||||
| 2 | (r) Transition and initial implementation. During the | ||||||
| 3 | 18-month transition period established under this Act, the | ||||||
| 4 | Board shall advise the Department on implementation of the | ||||||
| 5 | Act, including transition of hair braiding credentials, | ||||||
| 6 | grandfathering, temporary licensure, school and teacher | ||||||
| 7 | transition, curriculum approval, apprenticeship rollout, and | ||||||
| 8 | public communication. | ||||||
| 9 | The Board may begin making recommendations upon | ||||||
| 10 | appointment of a quorum of members. | ||||||
| 11 | (s) Applicability of law. The Board shall operate subject | ||||||
| 12 | to applicable State laws governing ethics, public service, | ||||||
| 13 | meetings, records, training, and other requirements applicable | ||||||
| 14 | to State boards and commissions. | ||||||
| 15 | (t) Rulemaking authority. The Department may adopt rules | ||||||
| 16 | necessary to implement this Section, including rules | ||||||
| 17 | concerning appointments, procedures, meetings, compensation, | ||||||
| 18 | records, conflict disclosures, and other matters necessary for | ||||||
| 19 | administration of the Board, upon recommendation of the Board | ||||||
| 20 | where required under this Act. | ||||||
| 21 | Section 17. Administration by the Department. | ||||||
| 22 | (a) Administration. The Department shall administer and | ||||||
| 23 | enforce this Act. | ||||||
| 24 | (b) General authority. In administering this Act, the | ||||||
| 25 | Department shall have authority to: | ||||||
| |||||||
| |||||||
| 1 | (1) issue, renew, restore, convert, transition, deny, | ||||||
| 2 | refuse to renew, place on probation, suspend, revoke, | ||||||
| 3 | restrict, or otherwise discipline any license, | ||||||
| 4 | registration, approval, or other credential authorized | ||||||
| 5 | under this Act; | ||||||
| 6 | (2) receive and process applications, fees, renewals, | ||||||
| 7 | notices, reports, and records required under this Act; | ||||||
| 8 | (3) establish and maintain official records relating | ||||||
| 9 | to persons and entities credentialed under this Act; | ||||||
| 10 | (4) investigate complaints and possible violations of | ||||||
| 11 | this Act and rules adopted under this Act; | ||||||
| 12 | (5) inspect schools, shops, approved partner | ||||||
| 13 | employers, approved apprenticeship partners, continuing | ||||||
| 14 | education sponsors, and other locations or entities | ||||||
| 15 | regulated under this Act as authorized by law; | ||||||
| 16 | (6) conduct audits, reviews, and compliance checks | ||||||
| 17 | necessary to enforce this Act; | ||||||
| 18 | (7) approve forms, documentation standards, and | ||||||
| 19 | administrative procedures necessary to carry out this Act; | ||||||
| 20 | (8) adopt rules necessary to implement and enforce | ||||||
| 21 | this Act, subject to the requirements of this Act | ||||||
| 22 | concerning Board recommendation; | ||||||
| 23 | (9) collect and administer fees authorized under this | ||||||
| 24 | Act; and | ||||||
| 25 | (10) take any other action reasonably necessary to | ||||||
| 26 | carry out the purposes of this Act. | ||||||
| |||||||
| |||||||
| 1 | (c) Consultation with the Board. In carrying out its | ||||||
| 2 | duties under this Act, the Department shall act in | ||||||
| 3 | consultation with the Board on matters specific to cirrology. | ||||||
| 4 | (d) Recommendation required for cirrology-specific | ||||||
| 5 | matters. The Department shall seek and obtain the | ||||||
| 6 | recommendation of the Board before taking action on | ||||||
| 7 | cirrology-specific matters for which Board recommendation is | ||||||
| 8 | required under this Act, including matters concerning: | ||||||
| 9 | (1) scope of practice; | ||||||
| 10 | (2) curriculum and educational standards; | ||||||
| 11 | (3) teacher-training standards; | ||||||
| 12 | (4) examination standards; | ||||||
| 13 | (5) continuing education standards; | ||||||
| 14 | (6) standards for registered cirrology shops; | ||||||
| 15 | (7) standards for approved apprenticeship partners and | ||||||
| 16 | approved partner employers; | ||||||
| 17 | (8) apprenticeship standards, supervision, and related | ||||||
| 18 | instruction; | ||||||
| 19 | (9) transition, grandfathering, temporary licensure, | ||||||
| 20 | and conversion of prior credentials; and | ||||||
| 21 | (10) other profession-specific standards established | ||||||
| 22 | under this Act. | ||||||
| 23 | (e) Written explanation if Board recommendation is | ||||||
| 24 | rejected or modified. If the Department rejects or materially | ||||||
| 25 | modifies a recommendation of the Board on a matter arising | ||||||
| 26 | under this Act, the Department shall provide the Board with a | ||||||
| |||||||
| |||||||
| 1 | written explanation stating the reasons for the rejection or | ||||||
| 2 | modification. | ||||||
| 3 | (f) No merger into other professions. Nothing in this | ||||||
| 4 | Section shall be construed to permit the Department to | ||||||
| 5 | administer this Act in a manner that merges cirrology into | ||||||
| 6 | cosmetology, barbering, or any other profession regulated | ||||||
| 7 | under another Act, except where expressly provided by law. | ||||||
| 8 | (g) Records and credential status. The Department shall | ||||||
| 9 | maintain records sufficient to identify the status of each | ||||||
| 10 | license, registration, approval, or other credential issued | ||||||
| 11 | under this Act, including, where applicable: | ||||||
| 12 | (1) issuance date; | ||||||
| 13 | (2) expiration date; | ||||||
| 14 | (3) renewal status; | ||||||
| 15 | (4) disciplinary status; | ||||||
| 16 | (5) transition or conversion status; and | ||||||
| 17 | (6) any other information required for proper | ||||||
| 18 | administration of this Act. | ||||||
| 19 | (h) Forms and notices. The Department may prescribe forms, | ||||||
| 20 | notices, certificates, registrations, applications, renewal | ||||||
| 21 | materials, and other documents necessary to administer this | ||||||
| 22 | Act. | ||||||
| 23 | (i) Investigations and inspections. The Department may | ||||||
| 24 | investigate any complaint or information suggesting a | ||||||
| 25 | violation of this Act and may inspect any school, shop, | ||||||
| 26 | approved sponsor, approved apprenticeship partner, approved | ||||||
| |||||||
| |||||||
| 1 | partner employer, or other regulated person or entity as | ||||||
| 2 | authorized by this Act and applicable law. | ||||||
| 3 | (j) Administrative continuity during transition. During | ||||||
| 4 | the 18-month transition period established under this Act, the | ||||||
| 5 | Department shall administer this Act in a manner that | ||||||
| 6 | preserves continuity of licensure, renewal, instruction, | ||||||
| 7 | school operation, sponsor activity, business registration, | ||||||
| 8 | apprenticeship participation, and public protection while | ||||||
| 9 | transitioning hair braiding and related textured hair | ||||||
| 10 | credentials into the cirrology framework created by this Act. | ||||||
| 11 | (k) Acceptance of prior records during transition. During | ||||||
| 12 | the 18-month transition period, the Department may accept | ||||||
| 13 | prior licenses, approvals, registrations, school records, | ||||||
| 14 | instructional records, affidavits, business records, and other | ||||||
| 15 | reliable documentation for purposes of conversion, renewal, | ||||||
| 16 | grandfathering, temporary licensure, or transition under this | ||||||
| 17 | Act. | ||||||
| 18 | (l) Administrative support to the Board. The Department | ||||||
| 19 | shall provide administrative, clerical, procedural, and record | ||||||
| 20 | support reasonably necessary for the Board to carry out its | ||||||
| 21 | duties under this Act. | ||||||
| 22 | (m) Rulemaking authority. The Department may adopt rules | ||||||
| 23 | necessary to implement this Section and the administration of | ||||||
| 24 | this Act, upon recommendation of the Board where required | ||||||
| 25 | under this Act. | ||||||
| |||||||
| |||||||
| 1 | Section 18. Investigations, discipline, and unlicensed | ||||||
| 2 | practice. | ||||||
| 3 | (a) Grounds for discipline. The Department may deny, | ||||||
| 4 | refuse to issue, refuse to renew, place on probation, suspend, | ||||||
| 5 | revoke, restrict, reprimand, fine, or otherwise discipline any | ||||||
| 6 | license, registration, approval, or other credential issued | ||||||
| 7 | under this Act for any one or more of the following: | ||||||
| 8 | (1) fraud, deception, or material misrepresentation in | ||||||
| 9 | obtaining, renewing, restoring, converting, or attempting | ||||||
| 10 | to obtain a credential under this Act; | ||||||
| 11 | (2) violation of this Act or any rule adopted under | ||||||
| 12 | this Act; | ||||||
| 13 | (3) practicing, teaching, operating, supervising, | ||||||
| 14 | sponsoring, or otherwise acting beyond the scope | ||||||
| 15 | authorized by the credential held under this Act; | ||||||
| 16 | (4) aiding, assisting, or permitting another person to | ||||||
| 17 | practice, teach, or operate in violation of this Act; | ||||||
| 18 | (5) unlicensed practice or unlawful representation | ||||||
| 19 | under this Act; | ||||||
| 20 | (6) failure to maintain sanitary, safe, or lawful | ||||||
| 21 | conditions required under this Act; | ||||||
| 22 | (7) gross negligence, repeated negligence, | ||||||
| 23 | incompetence, or misconduct in practice, instruction, | ||||||
| 24 | supervision, school operation, sponsorship, or | ||||||
| 25 | apprenticeship administration; | ||||||
| 26 | (8) failure to provide required supervision of a | ||||||
| |||||||
| |||||||
| 1 | student, apprentice, or trainee; | ||||||
| 2 | (9) failure to maintain required records, | ||||||
| 3 | falsification of records, or refusal to produce records | ||||||
| 4 | required by this Act; | ||||||
| 5 | (10) fraud or deception in advertising, | ||||||
| 6 | representations to the public, or statements made to the | ||||||
| 7 | Department; | ||||||
| 8 | (11) disciplinary action taken against a professional | ||||||
| 9 | credential held by the person in this State or another | ||||||
| 10 | jurisdiction for conduct substantially related to public | ||||||
| 11 | safety, fraud, abuse, or professional misconduct; | ||||||
| 12 | (12) conviction of, plea of guilty to, plea of nolo | ||||||
| 13 | contendere to, or finding of guilt for an offense | ||||||
| 14 | substantially related to the practice, instruction, | ||||||
| 15 | operation, or duties authorized under this Act, subject to | ||||||
| 16 | applicable Illinois law governing the use of criminal | ||||||
| 17 | history in licensing; | ||||||
| 18 | (13) exploitation, abuse, mistreatment, intimidation, | ||||||
| 19 | harassment, or other improper conduct toward a client, | ||||||
| 20 | student, apprentice, employee, or consumer; | ||||||
| 21 | (14) failure of an approved partner employer to | ||||||
| 22 | compensate an apprentice as required by law; | ||||||
| 23 | (15) failure of a licensed cirrology school, approved | ||||||
| 24 | continuing education sponsor, approved apprenticeship | ||||||
| 25 | partner, approved partner employer, or registered | ||||||
| 26 | cirrology shop to comply with standards established under | ||||||
| |||||||
| |||||||
| 1 | this Act; | ||||||
| 2 | (16) use of prohibited chemicals, practices, products, | ||||||
| 3 | or devices in violation of this Act; | ||||||
| 4 | (17) failure to cooperate with an investigation, | ||||||
| 5 | inspection, audit, or lawful request of the Department; or | ||||||
| 6 | (18) any other conduct that violates this Act or | ||||||
| 7 | endangers the public. | ||||||
| 8 | (b) Complaints and investigations. The Department may | ||||||
| 9 | receive complaints from any person and may, on its own motion, | ||||||
| 10 | investigate any person or entity believed to be acting in | ||||||
| 11 | violation of this Act. | ||||||
| 12 | An investigation under this Section may include review of | ||||||
| 13 | applications, records, advertisements, credentials, training | ||||||
| 14 | records, payroll records, school records, apprenticeship | ||||||
| 15 | records, continuing education records, consumer complaints, | ||||||
| 16 | and any other information relevant to the enforcement of this | ||||||
| 17 | Act. | ||||||
| 18 | (c) Inspections and audits. The Department may inspect and | ||||||
| 19 | audit any licensed cirrology school, registered cirrology | ||||||
| 20 | shop, approved continuing education sponsor, approved | ||||||
| 21 | apprenticeship partner, approved partner employer, or other | ||||||
| 22 | regulated person or entity as authorized by this Act and | ||||||
| 23 | applicable law to determine compliance with this Act. | ||||||
| 24 | (d) Disciplinary measures. If the Department determines | ||||||
| 25 | that a violation of this Act has occurred, the Department may | ||||||
| 26 | impose one or more of the following: | ||||||
| |||||||
| |||||||
| 1 | (1) denial of an application; | ||||||
| 2 | (2) refusal to renew a credential; | ||||||
| 3 | (3) reprimand; | ||||||
| 4 | (4) probation subject to terms and conditions; | ||||||
| 5 | (5) suspension; | ||||||
| 6 | (6) revocation; | ||||||
| 7 | (7) restriction or limitation of practice, | ||||||
| 8 | instruction, approval, registration, or supervision | ||||||
| 9 | authority; | ||||||
| 10 | (8) corrective education or remedial training; | ||||||
| 11 | (9) administrative fine as authorized by rule or law; | ||||||
| 12 | (10) cease and desist order; or | ||||||
| 13 | (11) any other disciplinary or corrective action | ||||||
| 14 | authorized by this Act or applicable law. | ||||||
| 15 | (e) Notice and opportunity to be heard. Except as | ||||||
| 16 | otherwise provided by law, the Department shall provide notice | ||||||
| 17 | and an opportunity to be heard before imposing discipline | ||||||
| 18 | under this Act. Proceedings under this Section shall be | ||||||
| 19 | conducted in accordance with applicable Illinois | ||||||
| 20 | administrative procedure and due process requirements. | ||||||
| 21 | (f) Summary or emergency action. If the Department | ||||||
| 22 | determines that continued practice, instruction, operation, | ||||||
| 23 | sponsorship, apprenticeship participation, or business | ||||||
| 24 | activity under a credential issued under this Act presents an | ||||||
| 25 | immediate danger to the public, the Department may take | ||||||
| 26 | emergency or summary action to the extent authorized by law. | ||||||
| |||||||
| |||||||
| 1 | (g) Unlicensed practice. It is unlawful for any person or | ||||||
| 2 | entity to: | ||||||
| 3 | (1) practice cirrology for compensation without the | ||||||
| 4 | license required under this Act; | ||||||
| 5 | (2) teach cirrology without the license required under | ||||||
| 6 | this Act; | ||||||
| 7 | (3) operate a cirrology school without the license | ||||||
| 8 | required under this Act; | ||||||
| 9 | (4) operate a cirrology salon or shop without a | ||||||
| 10 | certificate of registration as a registered cirrology | ||||||
| 11 | shop; | ||||||
| 12 | (5) advertise, offer, or hold itself out as an | ||||||
| 13 | approved continuing education sponsor, approved | ||||||
| 14 | apprenticeship partner, or approved partner employer | ||||||
| 15 | without the approval required under this Act; or | ||||||
| 16 | (6) use a title or designation protected under this | ||||||
| 17 | Act without the credential required under this Act. | ||||||
| 18 | (h) Unlawful representation. A person or entity that | ||||||
| 19 | falsely represents itself as licensed, registered, approved, | ||||||
| 20 | certified, or otherwise authorized under this Act, or that | ||||||
| 21 | uses a protected title in violation of this Act, is subject to | ||||||
| 22 | enforcement under this Section. | ||||||
| 23 | (i) Cease and desist authority. The Department may issue a | ||||||
| 24 | cease and desist order to any person or entity engaged in | ||||||
| 25 | unlicensed practice, unlawful representation, or any other | ||||||
| 26 | conduct prohibited by this Act. | ||||||
| |||||||
| |||||||
| 1 | (j) Civil and administrative remedies cumulative. The | ||||||
| 2 | remedies provided in this Section are cumulative and do not | ||||||
| 3 | preclude any other lawful civil, administrative, or criminal | ||||||
| 4 | remedy available under Illinois law. | ||||||
| 5 | (k) Consumer protection. The Department shall administer | ||||||
| 6 | this Section in a manner that protects consumers, students, | ||||||
| 7 | apprentices, educators, schools, shops, and the public, while | ||||||
| 8 | preserving the distinct professional framework established by | ||||||
| 9 | this Act. | ||||||
| 10 | (l) Rulemaking authority. The Department may adopt rules | ||||||
| 11 | necessary to implement this Section, including rules | ||||||
| 12 | concerning complaints, investigations, inspections, audits, | ||||||
| 13 | disciplinary procedures, administrative fines, corrective | ||||||
| 14 | measures, and cease and desist orders, upon recommendation of | ||||||
| 15 | the Board where required under this Act. | ||||||
| 16 | Section 19. Transfer of hair braiding regulation; | ||||||
| 17 | replacement of prior law. | ||||||
| 18 | (a) Transfer of regulation. On the effective date of this | ||||||
| 19 | Act, the regulation of hair braiding and related nonchemical | ||||||
| 20 | textured hair practices shall begin transfer from the Barber, | ||||||
| 21 | Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act | ||||||
| 22 | of 1985 to this Act. | ||||||
| 23 | The purpose of this Section is to repeal, replace, and | ||||||
| 24 | transfer hair braiding and related textured hair licensure | ||||||
| 25 | into the cirrology framework established under this Act while | ||||||
| |||||||
| |||||||
| 1 | preserving continuity of lawful practice, instruction, | ||||||
| 2 | education, business operation, renewal, and public protection. | ||||||
| 3 | (b) Hair braiding subsumed into cirrology. Hair braiding, | ||||||
| 4 | African-style hair braiding, loc care, natural hair | ||||||
| 5 | maintenance, protective styling, and related nonchemical | ||||||
| 6 | textured hair services regulated under prior law shall, to the | ||||||
| 7 | extent provided by this Act, be governed under the licensure, | ||||||
| 8 | registration, approval, training, education, and disciplinary | ||||||
| 9 | framework established by this Act. | ||||||
| 10 | (c) Repeal and replacement intent. It is the intent of the | ||||||
| 11 | General Assembly that this Act replace the hair braiding | ||||||
| 12 | provisions previously regulated under the Barber, Cosmetology, | ||||||
| 13 | Esthetics, Hair Braiding, and Nail Technology Act of 1985. | ||||||
| 14 | (d) Corresponding categories under this Act. For purposes | ||||||
| 15 | of transition and implementation, the Department shall assign | ||||||
| 16 | prior hair braiding credentials, approvals, and registrations | ||||||
| 17 | to the corresponding cirrology category or categories created | ||||||
| 18 | under this Act, including, as applicable: | ||||||
| 19 | (1) licensed cirrologist; | ||||||
| 20 | (2) licensed cirrology teacher; | ||||||
| 21 | (3) licensed cirrology school; | ||||||
| 22 | (4) approved continuing education sponsor; | ||||||
| 23 | (5) registered cirrology shop; | ||||||
| 24 | (6) approved apprenticeship partner; and | ||||||
| 25 | (7) approved partner employer. | ||||||
| 26 | The Department may adopt rules or administrative | ||||||
| |||||||
| |||||||
| 1 | procedures necessary to determine the appropriate | ||||||
| 2 | corresponding category for a prior credential, business, | ||||||
| 3 | school, sponsor, approval, or instructional role. | ||||||
| 4 | (e) Continuity of existing licenses and approvals. A | ||||||
| 5 | person or entity lawfully licensed, registered, approved, or | ||||||
| 6 | otherwise recognized under prior hair braider law shall not | ||||||
| 7 | lose the ability to continue lawful practice, instruction, | ||||||
| 8 | school operation, continuing education activity, shop | ||||||
| 9 | operation, or related approved activity solely because | ||||||
| 10 | statutory references, forms, databases, or administrative | ||||||
| 11 | systems have not yet been updated to reflect this Act, | ||||||
| 12 | provided that the person or entity timely complies with the | ||||||
| 13 | transition requirements established under this Act. | ||||||
| 14 | (f) Continuity of renewals and expirations. All hair | ||||||
| 15 | braider license expiration and renewal dates of October 31 of | ||||||
| 16 | even-numbered years shall automatically apply to the | ||||||
| 17 | corresponding cirrology license category during the transition | ||||||
| 18 | period established under this Act and until superseded by law | ||||||
| 19 | or rule adopted under this Act. | ||||||
| 20 | (g) Records, forms, orders, and proceedings. All records, | ||||||
| 21 | applications, notices, renewal materials, disciplinary | ||||||
| 22 | records, administrative orders, pending matters, and other | ||||||
| 23 | official documents relating to hair braiding under prior law | ||||||
| 24 | shall continue in effect and may be used, recognized, | ||||||
| 25 | transferred, or enforced under this Act to the extent | ||||||
| 26 | consistent with this Act and necessary to preserve continuity | ||||||
| |||||||
| |||||||
| 1 | of administration and public protection. | ||||||
| 2 | Pending applications, renewals, investigations, | ||||||
| 3 | disciplinary matters, hearings, orders, and administrative | ||||||
| 4 | proceedings concerning hair braiding under prior law may be | ||||||
| 5 | completed, converted, transferred, or otherwise resolved under | ||||||
| 6 | this Act or under transitional procedures adopted by the | ||||||
| 7 | Department. | ||||||
| 8 | (h) References in law and rule. During the transition | ||||||
| 9 | period and until conforming amendments are completed, any | ||||||
| 10 | reference in Illinois law, rule, form, notice, application, | ||||||
| 11 | disciplinary order, registration, approval, or Department | ||||||
| 12 | record to hair braiding or African-style hair braiding under | ||||||
| 13 | prior law shall be interpreted, to the extent practicable, in | ||||||
| 14 | a manner that gives effect to this Act and preserves | ||||||
| 15 | continuity of licensure, enforcement, education, and | ||||||
| 16 | administration. | ||||||
| 17 | (i) Conforming amendments. The General Assembly intends | ||||||
| 18 | that all corresponding references in Illinois statutes, | ||||||
| 19 | administrative rules, forms, and official records be amended | ||||||
| 20 | as necessary to reflect the transfer of hair braiding and | ||||||
| 21 | related textured hair regulation into this Act. | ||||||
| 22 | Conforming amendments shall include, as applicable: | ||||||
| 23 | (1) repeal or amendment of hair braiding provisions in | ||||||
| 24 | the Barber, Cosmetology, Esthetics, Hair Braiding, and | ||||||
| 25 | Nail Technology Act of 1985; | ||||||
| 26 | (2) amendment of statutory references to hair braider | ||||||
| |||||||
| |||||||
| 1 | licensure so that such references correspond to the | ||||||
| 2 | categories created under this Act; | ||||||
| 3 | (3) amendment of school, teacher, sponsor, shop, | ||||||
| 4 | apprenticeship, and disciplinary references affected by | ||||||
| 5 | the transfer of regulation under this Act; | ||||||
| 6 | (4) amendment of Department forms, records, and | ||||||
| 7 | administrative systems necessary to implement this Act; | ||||||
| 8 | and | ||||||
| 9 | (5) amendment of the Regulatory Sunset Act and any | ||||||
| 10 | other law necessary to reflect the creation of cirrology | ||||||
| 11 | and the repeal, replacement, or transfer of hair braiding | ||||||
| 12 | regulation under prior law; and | ||||||
| 13 | (6) amendment of the short title, Article headings, | ||||||
| 14 | and other headings of the Barber, Cosmetology, Esthetics, | ||||||
| 15 | Hair Braiding, and Nail Technology Act of 1985, as | ||||||
| 16 | necessary to remove hair braiding from that Act except | ||||||
| 17 | where a historical or transitional reference is expressly | ||||||
| 18 | required. | ||||||
| 19 | (j) Preservation of public protection. This Section shall | ||||||
| 20 | not be construed to eliminate, weaken, or interrupt any public | ||||||
| 21 | health, sanitation, disciplinary, consumer protection, or | ||||||
| 22 | enforcement authority necessary to protect the public during | ||||||
| 23 | the transfer of regulation from prior law into this Act. | ||||||
| 24 | (k) No reversion to cosmetology control. Nothing in this | ||||||
| 25 | Section shall be construed to merge cirrology into | ||||||
| 26 | cosmetology, barbering, or any other profession regulated | ||||||
| |||||||
| |||||||
| 1 | under another Act, or to subordinate the standards established | ||||||
| 2 | under this Act to the prior regulatory treatment of hair | ||||||
| 3 | braiding, except where expressly provided by law. | ||||||
| 4 | (l) Department authority during transfer. The Department | ||||||
| 5 | may take any administrative action reasonably necessary to | ||||||
| 6 | carry out the transfer of regulation under this Section, | ||||||
| 7 | including: | ||||||
| 8 | (1) converting credentials and approvals into the | ||||||
| 9 | corresponding cirrology categories; | ||||||
| 10 | (2) issuing notices, revised forms, and replacement | ||||||
| 11 | credentials; | ||||||
| 12 | (3) accepting prior records and documentation for | ||||||
| 13 | transition purposes; | ||||||
| 14 | (4) maintaining continuity of renewals, discipline, | ||||||
| 15 | and enforcement; | ||||||
| 16 | (5) coordinating with the Board on profession-specific | ||||||
| 17 | standards; and | ||||||
| 18 | (6) adopting rules necessary to implement this | ||||||
| 19 | Section. | ||||||
| 20 | (m) Construction. This Section shall be liberally | ||||||
| 21 | construed to effectuate the transfer of hair braiding | ||||||
| 22 | regulation into the cirrology framework established under this | ||||||
| 23 | Act, preserve continuity for affected workers and entities, | ||||||
| 24 | and ensure an orderly implementation of this Act. | ||||||
| 25 | (n) Rulemaking authority. The Department may adopt rules | ||||||
| 26 | necessary to implement this Section, upon recommendation of | ||||||
| |||||||
| |||||||
| 1 | the Board where required under this Act. | ||||||
| 2 | Section 20. Severability. The provisions of this Act are | ||||||
| 3 | severable under Section 1.31 of the Statute on Statutes. If | ||||||
| 4 | any provision of this Act, or its application to any person or | ||||||
| 5 | circumstance, is held invalid, that invalidity shall not | ||||||
| 6 | affect other provisions or applications of this Act that can | ||||||
| 7 | be given effect without the invalid provision or application. | ||||||
| 8 | Section 900. The Regulatory Sunset Act is amended by | ||||||
| 9 | changing Section 4.43 as follows: | ||||||
| 10 | (5 ILCS 80/4.43) | ||||||
| 11 | Sec. 4.43. Act repealed on January 1, 2031. The following | ||||||
| 12 | Act is repealed on January 1, 2031: | ||||||
| 13 | The Barber, Cosmetology, Esthetics, Hair Braiding, and | ||||||
| 14 | Nail Technology Act of 1985. | ||||||
| 15 | The Textured Hair Licensing Act. | ||||||
| 16 | (Source: P.A. 104-153, eff. 8-1-25.) | ||||||
| 17 | Section 902. The Barber, Cosmetology, Esthetics, and Nail | ||||||
| 18 | Technology Act of 1985 is amended by changing the heading of | ||||||
| 19 | Articles IIIB and IIID and Sections 1-1, 1-2, 1-4, 1-7, 1-7.5, | ||||||
| 20 | 1-7.10, 1-10, 1-11, 1-14, 3B-1, 3B-10, 3B-11, 3B-12, 3B-15, | ||||||
| 21 | 3B-16, 3D-5, 4-1, 4-2, 4-4, 4-6.1, 4-7, 4-9, 4-19, and 4-20 as | ||||||
| 22 | follows: | ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 410/1-1) (from Ch. 111, par. 1701-1) | ||||||
| 2 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 3 | Sec. 1-1. Title of Act. This Act may be cited as the | ||||||
| 4 | Barber, Cosmetology, Esthetics, Hair Braiding, and Nail | ||||||
| 5 | Technology Act of 1985. | ||||||
| 6 | (Source: P.A. 96-1246, eff. 1-1-11.) | ||||||
| 7 | (225 ILCS 410/1-2) (from Ch. 111, par. 1701-2) | ||||||
| 8 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 9 | Sec. 1-2. Public policy. The practices of barbering, | ||||||
| 10 | cosmetology, esthetics, hair braiding, and nail technology in | ||||||
| 11 | the State of Illinois are hereby declared to affect the public | ||||||
| 12 | health, safety and welfare and to be subject to regulation and | ||||||
| 13 | control in the public interest. It is further declared to be a | ||||||
| 14 | matter of public interest and concern that the professions | ||||||
| 15 | merit and receive the confidence of the public and that only | ||||||
| 16 | qualified persons be permitted to practice said professions in | ||||||
| 17 | the State of Illinois. This Act shall be liberally construed | ||||||
| 18 | to carry out these objects and purposes. | ||||||
| 19 | (Source: P.A. 98-911, eff. 1-1-15.) | ||||||
| 20 | (225 ILCS 410/1-4) | ||||||
| 21 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 22 | Sec. 1-4. Definitions. In this Act the following words | ||||||
| 23 | shall have the following meanings: | ||||||
| |||||||
| |||||||
| 1 | "Address of record" means the designated address recorded | ||||||
| 2 | by the Department in the applicant's application file or the | ||||||
| 3 | licensee's license file, as maintained by the Department's | ||||||
| 4 | licensure maintenance unit. | ||||||
| 5 | "Board" means the Barber, Cosmetology, Esthetics, Hair | ||||||
| 6 | Braiding, and Nail Technology Board. | ||||||
| 7 | "Department" means the Department of Financial and | ||||||
| 8 | Professional Regulation. | ||||||
| 9 | "Email address of record" means the designated email | ||||||
| 10 | address recorded by the Department in the applicant's | ||||||
| 11 | application file or the licensee's license file, as maintained | ||||||
| 12 | by the Department's licensure maintenance unit. | ||||||
| 13 | "Licensed barber" means an individual licensed by the | ||||||
| 14 | Department to practice barbering as defined in this Act and | ||||||
| 15 | whose license is in good standing. | ||||||
| 16 | "Licensed cosmetologist" means an individual licensed by | ||||||
| 17 | the Department to practice cosmetology, nail technology, hair | ||||||
| 18 | braiding, and esthetics as defined in this Act and whose | ||||||
| 19 | license is in good standing. | ||||||
| 20 | "Licensed esthetician" means an individual licensed by the | ||||||
| 21 | Department to practice esthetics as defined in this Act and | ||||||
| 22 | whose license is in good standing. | ||||||
| 23 | "Licensed nail technician" means an individual licensed by | ||||||
| 24 | the Department to practice nail technology as defined in this | ||||||
| 25 | Act and whose license is in good standing. | ||||||
| 26 | "Licensed barber teacher" means an individual licensed by | ||||||
| |||||||
| |||||||
| 1 | the Department to practice barbering as defined in this Act | ||||||
| 2 | and to provide instruction in the theory and practice of | ||||||
| 3 | barbering to students in a licensed barber school. | ||||||
| 4 | "Licensed cosmetology teacher" means an individual | ||||||
| 5 | licensed by the Department to practice cosmetology, esthetics, | ||||||
| 6 | hair braiding, and nail technology as defined in this Act and | ||||||
| 7 | to provide instruction in the theory and practice of | ||||||
| 8 | cosmetology, esthetics, hair braiding, and nail technology to | ||||||
| 9 | students in a licensed cosmetology, esthetics, hair braiding, | ||||||
| 10 | or nail technology school. | ||||||
| 11 | "Licensed cosmetology clinic teacher" means an individual | ||||||
| 12 | licensed by the Department to practice cosmetology, esthetics, | ||||||
| 13 | hair braiding, and nail technology as defined in this Act and | ||||||
| 14 | to provide clinical instruction in the practice of | ||||||
| 15 | cosmetology, esthetics, hair braiding, and nail technology in | ||||||
| 16 | a licensed school of cosmetology, esthetics, hair braiding, or | ||||||
| 17 | nail technology. | ||||||
| 18 | "Licensed esthetics teacher" means an individual licensed | ||||||
| 19 | by the Department to practice esthetics as defined in this Act | ||||||
| 20 | and to provide instruction in the theory and practice of | ||||||
| 21 | esthetics to students in a licensed cosmetology or esthetics | ||||||
| 22 | school. | ||||||
| 23 | "Licensed hair braider" means an individual licensed by | ||||||
| 24 | the Department to practice hair braiding as defined in this | ||||||
| 25 | Act and whose license is in good standing. | ||||||
| 26 | "Licensed hair braiding teacher" means an individual | ||||||
| |||||||
| |||||||
| 1 | licensed by the Department to practice hair braiding and to | ||||||
| 2 | provide instruction in the theory and practice of hair | ||||||
| 3 | braiding to students in a licensed cosmetology or hair | ||||||
| 4 | braiding school. | ||||||
| 5 | "Licensed nail technology teacher" means an individual | ||||||
| 6 | licensed by the Department to practice nail technology and to | ||||||
| 7 | provide instruction in the theory and practice of nail | ||||||
| 8 | technology to students in a licensed nail technology or | ||||||
| 9 | cosmetology school. | ||||||
| 10 | "Licensed continuing education sponsor" means an entity | ||||||
| 11 | that is authorized by the Department to coordinate and present | ||||||
| 12 | continuing education courses or programs for cosmetologists, | ||||||
| 13 | cosmetology teachers, cosmetology clinic teachers, | ||||||
| 14 | estheticians, esthetics teachers, nail technicians, and nail | ||||||
| 15 | technology teachers, hair braiders, and hair braiding | ||||||
| 16 | teachers. | ||||||
| 17 | "Licensed school" means a postsecondary educational | ||||||
| 18 | institution of cosmetology, barbering, esthetics, or nail | ||||||
| 19 | technology, or hair braiding that is authorized by the | ||||||
| 20 | Department to provide a postsecondary education program in | ||||||
| 21 | compliance with the requirements of this Act. | ||||||
| 22 | "Enrollment date" is the date upon which the student signs | ||||||
| 23 | an enrollment agreement or student contract. | ||||||
| 24 | "Enrollment agreement" or "student contract" is any | ||||||
| 25 | agreement, instrument, or contract however named, which | ||||||
| 26 | creates or evidences an obligation binding a student to | ||||||
| |||||||
| |||||||
| 1 | purchase a course of instruction from a school. | ||||||
| 2 | "Enrollment time" means the maximum number of hours a | ||||||
| 3 | student could have attended class, whether or not the student | ||||||
| 4 | did in fact attend all those hours. | ||||||
| 5 | "Elapsed enrollment time" means the enrollment time | ||||||
| 6 | elapsed between the actual starting date and the date of the | ||||||
| 7 | student's last day of physical attendance in the school. | ||||||
| 8 | "Mobile shop or salon" means a self-contained facility | ||||||
| 9 | that may be moved, towed, or transported from one location to | ||||||
| 10 | another and in which barbering, cosmetology, esthetics, hair | ||||||
| 11 | braiding, or nail technology is practiced. | ||||||
| 12 | "Public member" means a person on the Board who is not a | ||||||
| 13 | current or former licensed cosmetologist, barber, esthetician, | ||||||
| 14 | or nail technician, or hair braider, teacher of barbering, | ||||||
| 15 | cosmetology, esthetics, or nail technology, or hair braiding, | ||||||
| 16 | or owner of a business that employs professionals licensed to | ||||||
| 17 | provide services under this Act, a school licensed under this | ||||||
| 18 | Act, or a continuing education sponsor licensed under this | ||||||
| 19 | Act. "Public member" does not include any person with a | ||||||
| 20 | significant financial interest in salons, shops, schools, | ||||||
| 21 | continuing education sponsors, or products relating to | ||||||
| 22 | cosmetology, barbering, esthetics, or nail technology, or hair | ||||||
| 23 | braiding. | ||||||
| 24 | "Secretary" means the Secretary of the Department of | ||||||
| 25 | Financial and Professional Regulation. | ||||||
| 26 | "Threading" means any technique that results in the | ||||||
| |||||||
| |||||||
| 1 | removal of superfluous hair from the body by twisting thread | ||||||
| 2 | around unwanted hair and then pulling it from the skin; and may | ||||||
| 3 | also include the incidental trimming of eyebrow hair. | ||||||
| 4 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 5 | (225 ILCS 410/1-7) (from Ch. 111, par. 1701-7) | ||||||
| 6 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 7 | Sec. 1-7. Licensure required; renewal; restoration. | ||||||
| 8 | (a) It is unlawful for any person to practice, or to hold | ||||||
| 9 | oneself out to be a cosmetologist, esthetician, nail | ||||||
| 10 | technician, hair braider, or barber without a license as a | ||||||
| 11 | cosmetologist, esthetician, nail technician, hair braider or | ||||||
| 12 | barber issued by the Department pursuant to the provisions of | ||||||
| 13 | this Act and of the Civil Administrative Code of Illinois. It | ||||||
| 14 | is also unlawful for any person, firm, partnership, limited | ||||||
| 15 | liability company, professional limited liability company, | ||||||
| 16 | corporation, or professional service corporation to own, | ||||||
| 17 | operate, or conduct a cosmetology, esthetics, nail technology, | ||||||
| 18 | hair braiding, or barber school without a license issued by | ||||||
| 19 | the Department or to own or operate a cosmetology, esthetics, | ||||||
| 20 | or nail technology salon; , or hair braiding salon, barber | ||||||
| 21 | shop; , or other business subject to the registration | ||||||
| 22 | requirements of this Act without a certificate of registration | ||||||
| 23 | issued by the Department or to present continuing education | ||||||
| 24 | courses or programs to cosmetologists, estheticians, nail | ||||||
| 25 | technicians, hair braiders, or teachers of these professions | ||||||
| |||||||
| |||||||
| 1 | without a license issued by the Department. It is further | ||||||
| 2 | unlawful for any person to teach in any cosmetology, | ||||||
| 3 | esthetics, nail technology, hair braiding, or barber college | ||||||
| 4 | or school licensed by the Department or hold himself or | ||||||
| 5 | herself out as a cosmetology, esthetics, hair braiding, nail | ||||||
| 6 | technology, or barber teacher without a license as a teacher, | ||||||
| 7 | issued by the Department or as a cosmetology clinic teacher | ||||||
| 8 | without a license as a cosmetology clinic teacher issued by | ||||||
| 9 | the Department. | ||||||
| 10 | (b) Notwithstanding any other provision of this Act, a | ||||||
| 11 | person licensed as a cosmetologist may hold oneself out as an | ||||||
| 12 | esthetician and may engage in the practice of esthetics, as | ||||||
| 13 | defined in this Act, without being licensed as an esthetician. | ||||||
| 14 | A person licensed as a cosmetology teacher may teach esthetics | ||||||
| 15 | or hold oneself out as an esthetics teacher without being | ||||||
| 16 | licensed as an esthetics teacher. A person licensed as a | ||||||
| 17 | cosmetologist may hold oneself out as a nail technician and | ||||||
| 18 | may engage in the practice of nail technology, as defined in | ||||||
| 19 | this Act, without being licensed as a nail technician. A | ||||||
| 20 | person licensed as a cosmetology teacher may teach nail | ||||||
| 21 | technology and hold oneself out as a nail technology teacher | ||||||
| 22 | without being licensed as a nail technology teacher. A person | ||||||
| 23 | licensed as a cosmetologist may hold oneself out as a hair | ||||||
| 24 | braider and may engage in the practice of hair braiding, as | ||||||
| 25 | defined in this Act, without being licensed as a hair braider. | ||||||
| 26 | A person licensed as a cosmetology teacher may teach hair | ||||||
| |||||||
| |||||||
| 1 | braiding and hold oneself out as a hair braiding teacher | ||||||
| 2 | without being licensed as a hair braiding teacher. | ||||||
| 3 | (c) A person licensed as a barber teacher may hold oneself | ||||||
| 4 | out as a barber and may practice barbering without a license as | ||||||
| 5 | a barber. A person licensed as a cosmetology teacher may hold | ||||||
| 6 | oneself out as a cosmetologist, esthetician, hair braider, and | ||||||
| 7 | nail technologist and may practice cosmetology, esthetics, | ||||||
| 8 | hair braiding, and nail technology without a license as a | ||||||
| 9 | cosmetologist, esthetician, hair braider, or nail | ||||||
| 10 | technologist. A person licensed as an esthetics teacher may | ||||||
| 11 | hold oneself out as an esthetician without being licensed as | ||||||
| 12 | an esthetician and may practice esthetics. A person licensed | ||||||
| 13 | as a nail technician teacher may practice nail technology and | ||||||
| 14 | may hold oneself out as a nail technologist without being | ||||||
| 15 | licensed as a nail technologist. A person licensed as a hair | ||||||
| 16 | braiding teacher may practice hair braiding and may hold | ||||||
| 17 | oneself out as a hair braider without being licensed as a hair | ||||||
| 18 | braider. | ||||||
| 19 | (c-5) A person with an active license as a cosmetologist | ||||||
| 20 | may obtain or restore an additional license as an esthetician, | ||||||
| 21 | or nail technician, or hair braider without having to complete | ||||||
| 22 | the additional licensure requirements for each profession, | ||||||
| 23 | other than payment of the fee, by filing an application | ||||||
| 24 | provided by the Department for each additional license. A | ||||||
| 25 | person with an active license as a cosmetology teacher may | ||||||
| 26 | obtain or restore an additional license as an esthetics | ||||||
| |||||||
| |||||||
| 1 | teacher, or nail technology teacher, or hair braider teacher | ||||||
| 2 | without having to complete the additional licensure | ||||||
| 3 | requirements for each profession, other than payment of the | ||||||
| 4 | fee, by filing an application provided by the Department for | ||||||
| 5 | each additional license. A person with an active license as a | ||||||
| 6 | cosmetology teacher may obtain or restore an additional | ||||||
| 7 | license as a cosmetologist, esthetician, or nail technician, | ||||||
| 8 | or hair braider without having to complete the additional | ||||||
| 9 | licensure requirements for each profession, other than payment | ||||||
| 10 | of the fee, by filing an application provided by the | ||||||
| 11 | Department for each additional license. A person with an | ||||||
| 12 | active license as a barber teacher may also obtain or restore a | ||||||
| 13 | barber license without having to complete the additional | ||||||
| 14 | licensure requirements, other than payment of the fee, by | ||||||
| 15 | filing an application provided by the Department. A person | ||||||
| 16 | with an active license as an esthetics teacher may also obtain | ||||||
| 17 | or restore an esthetician license without having to complete | ||||||
| 18 | the additional licensure requirements, other than payment of | ||||||
| 19 | the fee, by filing an application provided by the Department. | ||||||
| 20 | A person with an active license as a nail technology teacher | ||||||
| 21 | may also obtain or restore a nail technician license without | ||||||
| 22 | having to complete the additional licensure requirements, | ||||||
| 23 | other than payment of the fee, by filing an application | ||||||
| 24 | provided by the Department. A person with an active license as | ||||||
| 25 | a hair braiding teacher may also obtain or restore a hair | ||||||
| 26 | braider license without having to complete the additional | ||||||
| |||||||
| |||||||
| 1 | licensure requirements, other than payment of the fee, filing | ||||||
| 2 | an application provided by the Department. The Department may | ||||||
| 3 | provide for other requirements for obtaining or restoring | ||||||
| 4 | additional licenses by rule. | ||||||
| 5 | (d) The holder of a license issued under this Act may renew | ||||||
| 6 | that license during the month preceding the expiration date of | ||||||
| 7 | the license by paying the required fee. | ||||||
| 8 | (e) The expiration date, renewal period, and conditions | ||||||
| 9 | for renewal and restoration of each license shall be | ||||||
| 10 | established by rule. | ||||||
| 11 | (f) A license issued under the provisions of this Act as a | ||||||
| 12 | barber, barber teacher, cosmetologist, cosmetology teacher, | ||||||
| 13 | cosmetology clinic teacher, esthetician, esthetics teacher, | ||||||
| 14 | nail technician, or nail technician teacher, hair braider, or | ||||||
| 15 | hair braiding teacher that has expired while the holder of the | ||||||
| 16 | license was engaged (1) in federal service on active duty with | ||||||
| 17 | the Army, Navy, Marine Corps, Air Force, Space Force, or Coast | ||||||
| 18 | Guard of the United States of America, or any Women's | ||||||
| 19 | Auxiliary thereof, or the State Militia called into the | ||||||
| 20 | service or training of the United States of America or (2) in | ||||||
| 21 | training or education under the supervision of the United | ||||||
| 22 | States preliminary to induction into the military service, may | ||||||
| 23 | be reinstated or restored without payment of any lapsed | ||||||
| 24 | renewal fees, reinstatement fee, or restoration fee if within | ||||||
| 25 | 2 years after the termination of such service, training, or | ||||||
| 26 | education other than by dishonorable discharge, the holder | ||||||
| |||||||
| |||||||
| 1 | furnishes the Department with an affidavit to the effect that | ||||||
| 2 | the holder has been so engaged and that the holder's service, | ||||||
| 3 | training, or education has been so terminated. | ||||||
| 4 | (Source: P.A. 103-746, eff. 1-1-25; 104-153, eff. 1-1-26.) | ||||||
| 5 | (225 ILCS 410/1-7.5) | ||||||
| 6 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 7 | Sec. 1-7.5. Unlicensed practice; violation; civil penalty. | ||||||
| 8 | (a) Any person who practices, offers to practice, attempts | ||||||
| 9 | to practice, or holds oneself out to practice barbering, | ||||||
| 10 | cosmetology, esthetics, hair braiding, or nail technology | ||||||
| 11 | without being licensed under this Act shall, in addition to | ||||||
| 12 | any other penalty provided by law, pay a civil penalty to the | ||||||
| 13 | Department in an amount not to exceed $5,000 for each offense | ||||||
| 14 | as determined by the Department. The civil penalty shall be | ||||||
| 15 | assessed by the Department after a hearing is held in | ||||||
| 16 | accordance with the provisions set forth in this Act regarding | ||||||
| 17 | disciplining a licensee. | ||||||
| 18 | (b) The Department has the authority and power to | ||||||
| 19 | investigate any and all unlicensed activity. | ||||||
| 20 | (c) The civil penalty shall be paid within 60 days after | ||||||
| 21 | the effective date of the order imposing the civil penalty. | ||||||
| 22 | The order shall constitute a judgment and may be filed and | ||||||
| 23 | execution had thereon in the same manner as any judgment from | ||||||
| 24 | any court of record. | ||||||
| 25 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 410/1-7.10) | ||||||
| 2 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 3 | Sec. 1-7.10. Abnormal skin growth education. | ||||||
| 4 | (a) In addition to any other requirements under this Act, | ||||||
| 5 | the following applicants must provide proof of completion of a | ||||||
| 6 | course approved by the Department in abnormal skin growth | ||||||
| 7 | education, including training on identifying melanoma: | ||||||
| 8 | (1) An applicant who submits an application for | ||||||
| 9 | original licensure on or after January 1, 2026. | ||||||
| 10 | (2) An applicant who was licensed before January 1, | ||||||
| 11 | 2026 when submitting the applicant's first application for | ||||||
| 12 | renewal or restoration of a license on or after January 1, | ||||||
| 13 | 2026. | ||||||
| 14 | (b) Nothing in this Section shall be construed to create a | ||||||
| 15 | cause of action or any civil liabilities or to require or | ||||||
| 16 | permit a licensee or applicant under this Act to practice | ||||||
| 17 | medicine or otherwise practice outside of the scope of | ||||||
| 18 | practice of a licensed barber, cosmetologist, esthetician, | ||||||
| 19 | hair braider, or nail technician. | ||||||
| 20 | (c) A person licensed under this Act may refer an | ||||||
| 21 | individual to seek care from a medical professional regarding | ||||||
| 22 | an abnormal skin growth. Neither a person licensed under this | ||||||
| 23 | Act who completes abnormal skin growth education nor the | ||||||
| 24 | person's employer, shall be civilly or criminally liable for | ||||||
| 25 | acting in good faith or failing to act on information obtained | ||||||
| |||||||
| |||||||
| 1 | during the course of practicing in the person's profession or | ||||||
| 2 | employment concerning potential abnormal skin growths. | ||||||
| 3 | (Source: P.A. 103-851, eff. 8-9-24; 104-153, eff. 1-1-26.) | ||||||
| 4 | (225 ILCS 410/1-10) (from Ch. 111, par. 1701-10) | ||||||
| 5 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 6 | Sec. 1-10. Display. Every holder of a license under this | ||||||
| 7 | Act shall display it in a prominent place in the salon or shop | ||||||
| 8 | where clients enter or wait to receive services and in the same | ||||||
| 9 | prominent location, every license holder shall also display a | ||||||
| 10 | sign provided by the Department that includes information | ||||||
| 11 | about this Act and rules, sanitary requirements, and contact | ||||||
| 12 | information for the Department's complaint intake unit. | ||||||
| 13 | Whenever a license holder provides barber, cosmetology, | ||||||
| 14 | esthetics, hair braiding, or nail technology services to | ||||||
| 15 | clients outside of or away from the person's salon or shop, the | ||||||
| 16 | license holder shall provide any person so requesting proof | ||||||
| 17 | that the person has a valid license issued by the Department. | ||||||
| 18 | Every registered shop or salon shall display its | ||||||
| 19 | certificate of registration in a prominent place at the | ||||||
| 20 | location of the shop or salon where clients enter or wait to | ||||||
| 21 | receive services and, in the same prominent location, every | ||||||
| 22 | license holder shall also display a sign provided by the | ||||||
| 23 | Department that includes information about this Act and rules, | ||||||
| 24 | sanitary requirements, and contact information for the | ||||||
| 25 | Department's complaint intake unit. Each shop or salon where | ||||||
| |||||||
| |||||||
| 1 | barber, cosmetology, esthetics, hair braiding, or nail | ||||||
| 2 | technology services are provided shall have a certificate of | ||||||
| 3 | registration and shall display the Department's sign as | ||||||
| 4 | required by this Section. | ||||||
| 5 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 6 | (225 ILCS 410/1-11) | ||||||
| 7 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 8 | Sec. 1-11. Exceptions to Act. | ||||||
| 9 | (a) Nothing in this Act shall be construed to apply to the | ||||||
| 10 | educational activities conducted in connection with any | ||||||
| 11 | monthly, annual, or other special educational program of any | ||||||
| 12 | bona fide association of licensed cosmetologists, | ||||||
| 13 | estheticians, nail technicians, hair braiders, or barbers, or | ||||||
| 14 | licensed cosmetology, esthetics, nail technology, hair | ||||||
| 15 | braiding, or barber schools from which the general public is | ||||||
| 16 | excluded. | ||||||
| 17 | (b) Nothing in this Act shall be construed to apply to the | ||||||
| 18 | activities and services of registered nurses or licensed | ||||||
| 19 | practical nurses, as defined in the Nurse Practice Act, or to | ||||||
| 20 | personal care or health care services provided by individuals | ||||||
| 21 | in the performance of the individuals' duties as employed or | ||||||
| 22 | authorized by facilities or programs licensed or certified by | ||||||
| 23 | State agencies. As used in this subsection (b), "personal | ||||||
| 24 | care" means assistance with meals, dressing, movement, | ||||||
| 25 | bathing, or other personal needs or maintenance or general | ||||||
| |||||||
| |||||||
| 1 | supervision and oversight of the physical and mental | ||||||
| 2 | well-being of an individual who is incapable of maintaining a | ||||||
| 3 | private, independent residence or who is incapable of managing | ||||||
| 4 | the person whether or not a guardian has been appointed for | ||||||
| 5 | that individual. The definition of "personal care" as used in | ||||||
| 6 | this subsection (b) shall not otherwise be construed to negate | ||||||
| 7 | the requirements of this Act or its rules. | ||||||
| 8 | (c) Nothing in this Act shall be deemed to require | ||||||
| 9 | licensure of individuals employed by the motion picture, film, | ||||||
| 10 | television, stage play, or related industry for the purpose of | ||||||
| 11 | providing cosmetology or esthetics services to actors of that | ||||||
| 12 | industry while engaged in the practice of cosmetology or | ||||||
| 13 | esthetics as a part of that person's employment. | ||||||
| 14 | (d) Nothing in this Act shall be deemed to require | ||||||
| 15 | licensure of an inmate of the Department of Corrections who | ||||||
| 16 | performs barbering or cosmetology with the approval of the | ||||||
| 17 | Department of Corrections during the person's incarceration. | ||||||
| 18 | (e) Nothing in this Act shall be construed to limit the | ||||||
| 19 | ability of a licensed physician to practice medicine in all of | ||||||
| 20 | its branches. | ||||||
| 21 | (Source: P.A. 104-134, eff. 8-1-25; 104-153, eff. 1-1-26; | ||||||
| 22 | revised 11-21-25.) | ||||||
| 23 | (225 ILCS 410/1-14) | ||||||
| 24 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 25 | Sec. 1-14. Teacher education. The Department may accept, | ||||||
| |||||||
| |||||||
| 1 | instead of the teacher training requirements set forth in | ||||||
| 2 | subsection (d) of Sections 2-4, paragraph (4) of subsection | ||||||
| 3 | (a) of Section 3-4, paragraph (4) of subsection (a) of Section | ||||||
| 4 | 3A-3, paragraph (4) of subsection (a) of Section 3C-3, and | ||||||
| 5 | Section 3E-3 of this Act, proof that the applicant has | ||||||
| 6 | completed educational courses at a college or university that | ||||||
| 7 | are similar to those included in the rules regarding teacher | ||||||
| 8 | curriculum, including student teaching, or proof of a current | ||||||
| 9 | professional educator license or career and technical educator | ||||||
| 10 | license issued by the State Board of Education and proof of 2 | ||||||
| 11 | years of experience as a teacher. Any teacher who maintains a | ||||||
| 12 | professional educator license or career and technical educator | ||||||
| 13 | license through the State Board of Education and completes | ||||||
| 14 | professional development hours for that license may also use | ||||||
| 15 | those hours toward the teacher's continuing education | ||||||
| 16 | requirements at renewal of the teacher's cosmetology teacher, | ||||||
| 17 | esthetics teacher, or nail technology teacher license , or hair | ||||||
| 18 | braiding teacher licenses through the Department. | ||||||
| 19 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 20 | (225 ILCS 410/Art. IIIB heading) | ||||||
| 21 | ARTICLE IIIB. BARBER, COSMETOLOGY, ESTHETICS, HAIR BRAIDING, | ||||||
| 22 | AND NAIL TECHNOLOGY SCHOOLS | ||||||
| 23 | (Source: P.A. 98-911, eff. 1-1-15.) | ||||||
| 24 | (225 ILCS 410/3B-1) (from Ch. 111, par. 1703B-1) | ||||||
| |||||||
| |||||||
| 1 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 2 | Sec. 3B-1. Application. The provisions of this Article are | ||||||
| 3 | applicable only to barber, cosmetology, esthetics, hair | ||||||
| 4 | braiding, and nail technology schools regulated under this | ||||||
| 5 | Act. | ||||||
| 6 | (Source: P.A. 98-911, eff. 1-1-15.) | ||||||
| 7 | (225 ILCS 410/3B-10) | ||||||
| 8 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 9 | Sec. 3B-10. Requisites for ownership or operation of | ||||||
| 10 | school. No person, firm, or corporation may own, operate, or | ||||||
| 11 | conduct a school of barbering, cosmetology, esthetics, hair | ||||||
| 12 | braiding, or nail technology for the purpose of teaching | ||||||
| 13 | barbering, cosmetology, esthetics, hair braiding, or nail | ||||||
| 14 | technology for compensation unless licensed by the Department. | ||||||
| 15 | A licensed school is a postsecondary educational institution | ||||||
| 16 | authorized by the Department to provide a postsecondary | ||||||
| 17 | education program in compliance with the requirements of this | ||||||
| 18 | Act. An applicant shall apply to the Department on forms | ||||||
| 19 | provided by the Department, pay the required fees, and comply | ||||||
| 20 | with the following requirements: | ||||||
| 21 | 1. The applicant must submit to the Department for | ||||||
| 22 | approval: | ||||||
| 23 | a. A floor plan, drawn to a scale specified on the | ||||||
| 24 | floor plan, showing every detail of the proposed | ||||||
| 25 | school; and | ||||||
| |||||||
| |||||||
| 1 | b. A lease commitment, agreement to use the space, | ||||||
| 2 | or proof of ownership for the location of the proposed | ||||||
| 3 | school; a lease commitment must provide for execution | ||||||
| 4 | of the lease upon the Department's approval of the | ||||||
| 5 | school's application and the lease or agreement must | ||||||
| 6 | be for a period of at least one year, and for schools | ||||||
| 7 | operated by a public high school, community college, | ||||||
| 8 | university, or other governmental institution, this | ||||||
| 9 | requirement is waived. | ||||||
| 10 | c. (Blank). | ||||||
| 11 | 2. An application to own or operate a school shall | ||||||
| 12 | include the following: | ||||||
| 13 | a. If the owner is a professional service | ||||||
| 14 | corporation or a corporation, a copy of the Articles | ||||||
| 15 | of Incorporation or, if the owner is a professional | ||||||
| 16 | limited liability company or a limited liability | ||||||
| 17 | company, a copy of the articles of organization; | ||||||
| 18 | b. If the owner is a partnership, a listing of all | ||||||
| 19 | partners and their current addresses; | ||||||
| 20 | c. If the applicant is an owner, a completed | ||||||
| 21 | attestation regarding the owner's financial ability to | ||||||
| 22 | operate the school for at least 3 months, and for | ||||||
| 23 | schools operated by a public high school, community | ||||||
| 24 | college, university, or other governmental | ||||||
| 25 | institution, this requirement is waived; | ||||||
| 26 | d. A copy of the official enrollment agreement or | ||||||
| |||||||
| |||||||
| 1 | student contract to be used by the school, which shall | ||||||
| 2 | be consistent with the requirements of this Act, | ||||||
| 3 | rules, and other applicable laws; | ||||||
| 4 | e. A listing of all teachers who will be in the | ||||||
| 5 | school's employ, including their teacher license | ||||||
| 6 | numbers; | ||||||
| 7 | f. A copy of the curricula that will be followed; | ||||||
| 8 | g. The names, addresses, and current licensure and | ||||||
| 9 | operating status of all schools in which the applicant | ||||||
| 10 | has previously owned any interest, and a declaration | ||||||
| 11 | as to whether any of these schools were ever denied | ||||||
| 12 | accreditation or licensing or lost accreditation or | ||||||
| 13 | licensing from any governmental body or accrediting | ||||||
| 14 | agency; | ||||||
| 15 | h. Each application for a certificate of approval | ||||||
| 16 | shall be signed and certified under oath by the | ||||||
| 17 | school's chief managing employee; | ||||||
| 18 | i. A copy of the school's official transcript; | ||||||
| 19 | j. The required fee; and. | ||||||
| 20 | k. A disclosure of all licenses issued by the | ||||||
| 21 | Department of all owners, partners, or members of the | ||||||
| 22 | school, including license numbers and the current | ||||||
| 23 | status of the license. | ||||||
| 24 | 3. Each application for a license to operate a school | ||||||
| 25 | shall also contain the following commitments: | ||||||
| 26 | a. To conduct the school in accordance with this | ||||||
| |||||||
| |||||||
| 1 | Act and the standards, and rules from time to time | ||||||
| 2 | adopted under this Act and to meet standards and | ||||||
| 3 | requirements at least as stringent as those required | ||||||
| 4 | by Part H of the Federal Higher Education Act of 1965; . | ||||||
| 5 | b. To permit the Department to inspect the school | ||||||
| 6 | or classes thereof from time to time with or without | ||||||
| 7 | notice; and to make available to the Department, at | ||||||
| 8 | any time when required to do so, information including | ||||||
| 9 | financial information pertaining to the activities of | ||||||
| 10 | the school required for the administration of this Act | ||||||
| 11 | and the standards and rules adopted under this Act; | ||||||
| 12 | c. To utilize only advertising and solicitation | ||||||
| 13 | which is free from misrepresentation, deception, | ||||||
| 14 | fraud, or other misleading or unfair trade practices; | ||||||
| 15 | d. To screen applicants to the school prior to | ||||||
| 16 | enrollment pursuant to the requirements of the | ||||||
| 17 | school's regional or national accrediting agency, if | ||||||
| 18 | any, and to maintain any and all records of such | ||||||
| 19 | screening. If the course of instruction is offered in | ||||||
| 20 | a language other than English, the screening shall | ||||||
| 21 | also be performed in that language; | ||||||
| 22 | e. To post in a conspicuous place a statement, | ||||||
| 23 | developed by the Department, of students' student's | ||||||
| 24 | rights provided under this Act. | ||||||
| 25 | 4. The applicant shall establish to the satisfaction | ||||||
| 26 | of the Department that the owner possesses sufficient | ||||||
| |||||||
| |||||||
| 1 | liquid assets to meet the prospective expenses of the | ||||||
| 2 | school for a period of 3 months. In the discretion of the | ||||||
| 3 | Department, additional proof of financial ability may be | ||||||
| 4 | required. | ||||||
| 5 | 5. The applicant shall comply with all rules of the | ||||||
| 6 | Department determining the necessary curriculum and | ||||||
| 7 | equipment required for the conduct of the school. | ||||||
| 8 | 6. The applicant must demonstrate employment of a | ||||||
| 9 | sufficient number of qualified teachers who are holders of | ||||||
| 10 | a current license issued by the Department. | ||||||
| 11 | 7. A final inspection of the barber, cosmetology, | ||||||
| 12 | esthetics, hair braiding, or nail technology school shall | ||||||
| 13 | be made by the Department before the school may commence | ||||||
| 14 | classes. | ||||||
| 15 | 8. A written inspection report must be made by the | ||||||
| 16 | State Fire Marshal or a local fire authority approving the | ||||||
| 17 | use of the proposed premises as a barber, cosmetology, | ||||||
| 18 | esthetics, hair braiding, or nail technology school. | ||||||
| 19 | (Source: P.A. 104-153, eff. 1-1-26; revised 12-12-25.) | ||||||
| 20 | (225 ILCS 410/3B-11) | ||||||
| 21 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 22 | Sec. 3B-11. Periodic review of barber, cosmetology, | ||||||
| 23 | esthetics, hair braiding, and nail technology schools. All | ||||||
| 24 | licensed schools and courses of instruction are subject to | ||||||
| 25 | review by the Department. The review shall include | ||||||
| |||||||
| |||||||
| 1 | consideration of a comparison between the graduation or | ||||||
| 2 | completion rate for the school and the graduation or | ||||||
| 3 | completion rate for the schools within that classification of | ||||||
| 4 | schools. The review may also require the school to provide the | ||||||
| 5 | Department with the enrollment agreement and curricula of the | ||||||
| 6 | school to ensure compliance requirements of this Act, any | ||||||
| 7 | applicable rules, and other applicable laws. The Department | ||||||
| 8 | may also inspect the school premises and school records for | ||||||
| 9 | requirements of this Act and any applicable rules. | ||||||
| 10 | Consideration shall be given to complaints and information | ||||||
| 11 | forwarded to the Department by the Federal Trade Commission, | ||||||
| 12 | Better Business Bureaus, the Illinois Attorney General's | ||||||
| 13 | Office, a State's Attorney's Office, other State or official | ||||||
| 14 | approval agencies, local school officials, and interested | ||||||
| 15 | persons. The Department shall investigate all complaints filed | ||||||
| 16 | with the Department about a school or its sales | ||||||
| 17 | representatives. | ||||||
| 18 | A school shall retain the records, as defined by rule, of a | ||||||
| 19 | student who withdraws from or drops out of the school, by | ||||||
| 20 | written notice of cancellation or otherwise, for 7 years from | ||||||
| 21 | the student's first day of attendance. However, a school shall | ||||||
| 22 | retain indefinitely the transcript of each student who | ||||||
| 23 | completes the program and graduates from the school. | ||||||
| 24 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 25 | (225 ILCS 410/3B-12) | ||||||
| |||||||
| |||||||
| 1 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 2 | Sec. 3B-12. Enrollment agreements. | ||||||
| 3 | (a) As used in this Section, "clear and conspicuous" means | ||||||
| 4 | at least 10 point bold type and larger than other text. | ||||||
| 5 | Enrollment agreements shall be used by barber, | ||||||
| 6 | cosmetology, esthetics, hair braiding, and nail technology | ||||||
| 7 | schools licensed to operate by the Department and shall | ||||||
| 8 | include the following written disclosures: | ||||||
| 9 | (1) The name and address of the school and the | ||||||
| 10 | addresses where instruction will be given; | ||||||
| 11 | (2) The name and description of the course of | ||||||
| 12 | instruction, including the number of clock hours in each | ||||||
| 13 | course and an approximate number of weeks or months | ||||||
| 14 | required for completion; | ||||||
| 15 | (3) The scheduled starting date and calculated | ||||||
| 16 | completion date; | ||||||
| 17 | (4) The total cost of the course of instruction | ||||||
| 18 | including any charges made by the school for tuition, | ||||||
| 19 | books, materials, supplies, and other expenses; | ||||||
| 20 | (5) A clear and conspicuous statement that the | ||||||
| 21 | contract is a legally binding instrument when signed by | ||||||
| 22 | the student and accepted by the school; | ||||||
| 23 | (6) A clear and conspicuous caption in bold type that | ||||||
| 24 | is at least 10 point, larger than the other text in the | ||||||
| 25 | agreement, and in all capital letters that states "BUYER'S | ||||||
| 26 | RIGHT TO CANCEL" under which it is explained that the | ||||||
| |||||||
| |||||||
| 1 | student has the right to cancel the initial enrollment | ||||||
| 2 | agreement until midnight of the fifth business day after | ||||||
| 3 | the student's enrollment date; and if notice of the right | ||||||
| 4 | to cancel is not given to any prospective student at the | ||||||
| 5 | time the enrollment agreement is signed, then the student | ||||||
| 6 | has the right to cancel the agreement at any time and | ||||||
| 7 | receive a refund of all monies paid to date within 10 days | ||||||
| 8 | of cancellation; | ||||||
| 9 | (7) A notice to the students that the cancellation | ||||||
| 10 | must be in writing and given to the registered agent, if | ||||||
| 11 | any, or managing employee of the school; | ||||||
| 12 | (8) The school's refund policy for unearned tuition, | ||||||
| 13 | fees, and other charges; | ||||||
| 14 | (9) The date of the student's signature and the date | ||||||
| 15 | of the student's admission; | ||||||
| 16 | (10) The name of the school employee or agent | ||||||
| 17 | responsible for procuring, soliciting, or enrolling the | ||||||
| 18 | student; | ||||||
| 19 | (11) A clear statement that the institution does not | ||||||
| 20 | guarantee employment and a statement describing the | ||||||
| 21 | school's placement assistance procedures; | ||||||
| 22 | (12) The graduation requirements of the school; | ||||||
| 23 | (13) The contents of the following notice, in at least | ||||||
| 24 | 10 point bold type and larger than the other text in the | ||||||
| 25 | agreement: | ||||||
| 26 | "NOTICE TO THE STUDENT" | ||||||
| |||||||
| |||||||
| 1 | "Do not sign this contract before you read it or if it | ||||||
| 2 | contains any blank space. You are entitled to an exact | ||||||
| 3 | copy of the contract you sign." | ||||||
| 4 | (14) A statement either in the enrollment agreement or | ||||||
| 5 | separately provided and acknowledged by the student | ||||||
| 6 | indicating the number of students who did not complete the | ||||||
| 7 | course of instruction for which they enrolled for the past | ||||||
| 8 | calendar year as compared to the number of students who | ||||||
| 9 | enrolled in school during the school's past calendar year; | ||||||
| 10 | (15) The following clear and conspicuous caption, in | ||||||
| 11 | at least 10 point bold type, larger than the other text in | ||||||
| 12 | the agreement, and in all capital letters: "COMPLAINTS | ||||||
| 13 | AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE DEPARTMENT | ||||||
| 14 | OF FINANCIAL AND PROFESSIONAL REGULATION", set forth with | ||||||
| 15 | the address, telephone number, and website address for the | ||||||
| 16 | Department's Complaint Intake Unit. | ||||||
| 17 | (b) If the enrollment is negotiated orally in a language | ||||||
| 18 | other than English, then copies of the above disclosures shall | ||||||
| 19 | be tendered in the language in which the contract was | ||||||
| 20 | negotiated prior to executing the enrollment agreement. | ||||||
| 21 | (c) The school shall comply with all applicable | ||||||
| 22 | requirements of the Retail Installment Sales Act in its | ||||||
| 23 | enrollment agreement or student contracts. | ||||||
| 24 | (d) No enrollment agreement or student contract shall | ||||||
| 25 | contain a wage assignment provision or a confession of | ||||||
| 26 | judgment clause. | ||||||
| |||||||
| |||||||
| 1 | (e) Any provision in an enrollment agreement or student | ||||||
| 2 | contract that purports to waive the student's right to assert | ||||||
| 3 | against the school, or any assignee, any claim or defense the | ||||||
| 4 | student may have against the school arising under the | ||||||
| 5 | contract, including a claim or defense pursuant to Section | ||||||
| 6 | 3B-6, shall be void. No enrollment agreement or student | ||||||
| 7 | contract shall contain provisions requiring student | ||||||
| 8 | confidentiality or non-disclosure related to the school and | ||||||
| 9 | any claim or defense the student may have against the school, | ||||||
| 10 | and any such provisions shall be void. | ||||||
| 11 | (f) Two copies of the enrollment agreement shall be signed | ||||||
| 12 | by the student. One copy shall be given to the student and the | ||||||
| 13 | school shall retain the other copy as part of the student's | ||||||
| 14 | permanent record. | ||||||
| 15 | (g) The school shall comply with all applicable | ||||||
| 16 | requirements of the Student Debt Assistance Act. | ||||||
| 17 | (h) At any time upon the Department's request, a licensed | ||||||
| 18 | school shall provide its current enrollment agreement to the | ||||||
| 19 | Department for review and compliance with the requirements of | ||||||
| 20 | this Act, any applicable rules, and other applicable laws. A | ||||||
| 21 | licensed school shall be required to have Department review | ||||||
| 22 | and approval of all enrollment agreements and contracts with | ||||||
| 23 | students. | ||||||
| 24 | (i) Licensed public schools will be deemed to be in | ||||||
| 25 | compliance with this Section if the schools comply with the | ||||||
| 26 | requirements of its public institution. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 2 | (225 ILCS 410/3B-15) | ||||||
| 3 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 4 | Sec. 3B-15. Grounds for disciplinary action. In addition | ||||||
| 5 | to any other cause herein set forth the Department may refuse | ||||||
| 6 | to issue or renew and may suspend, place on probation, or | ||||||
| 7 | revoke any license to operate a school, or take any other | ||||||
| 8 | disciplinary or non-disciplinary action that the Department | ||||||
| 9 | may deem proper, including the imposition of fines not to | ||||||
| 10 | exceed $5,000 for each violation, for any one or any | ||||||
| 11 | combination of the following causes: | ||||||
| 12 | (1) Repeated violation of any provision of this Act or | ||||||
| 13 | any standard or rule established under this Act. | ||||||
| 14 | (2) Knowingly furnishing false, misleading, or | ||||||
| 15 | incomplete information to the Department or failure to | ||||||
| 16 | furnish information requested by the Department. | ||||||
| 17 | (3) Violation of any commitment made in an application | ||||||
| 18 | for a license, including failure to maintain standards | ||||||
| 19 | that are the same as, or substantially equivalent to, | ||||||
| 20 | those represented in the school's applications and | ||||||
| 21 | advertising. | ||||||
| 22 | (4) Presenting to prospective students information | ||||||
| 23 | relating to the school, or to employment opportunities or | ||||||
| 24 | opportunities for enrollment in institutions of higher | ||||||
| 25 | learning after entering into or completing courses offered | ||||||
| |||||||
| |||||||
| 1 | by the school, that is false, misleading, or fraudulent. | ||||||
| 2 | (5) Failure to provide premises or equipment or to | ||||||
| 3 | maintain them in a safe and sanitary condition as required | ||||||
| 4 | by law. | ||||||
| 5 | (6) Failure to maintain financial resources adequate | ||||||
| 6 | for the satisfactory conduct of the courses of instruction | ||||||
| 7 | offered or to retain a sufficient and qualified | ||||||
| 8 | instructional and administrative staff. | ||||||
| 9 | (7) Refusal to admit applicants on account of race, | ||||||
| 10 | color, creed, sex, physical or mental disability unrelated | ||||||
| 11 | to ability, religion, or national origin. | ||||||
| 12 | (8) Paying a commission or valuable consideration to | ||||||
| 13 | any person for acts or services performed in violation of | ||||||
| 14 | this Act. | ||||||
| 15 | (9) Attempting to confer a fraudulent degree, diploma, | ||||||
| 16 | or certificate upon a student. | ||||||
| 17 | (10) Failure to correct any deficiency or act of | ||||||
| 18 | noncompliance under this Act or the standards and rules | ||||||
| 19 | established under this Act within reasonable time limits | ||||||
| 20 | set by the Department. | ||||||
| 21 | (11) Conduct of business or instructional services | ||||||
| 22 | other than at locations approved by the Department. | ||||||
| 23 | (12) Failure to make all of the disclosures or making | ||||||
| 24 | inaccurate disclosures to the Department or in the | ||||||
| 25 | enrollment agreement as required under this Act. | ||||||
| 26 | (13) Failure to make appropriate refunds as required | ||||||
| |||||||
| |||||||
| 1 | by this Act. | ||||||
| 2 | (14) Denial, loss, or withdrawal of accreditation by | ||||||
| 3 | any accrediting agency. | ||||||
| 4 | (15) During any calendar year, having a failure rate | ||||||
| 5 | of 25% or greater for those of its students who for the | ||||||
| 6 | first time take the examination authorized by the | ||||||
| 7 | Department to determine fitness to receive a license as a | ||||||
| 8 | barber, barber teacher, cosmetologist, cosmetology | ||||||
| 9 | teacher, esthetician, esthetician teacher, hair braider, | ||||||
| 10 | hair braiding teacher, nail technician, or nail technology | ||||||
| 11 | teacher, provided that a student who transfers into the | ||||||
| 12 | school having completed 50% or more of the required | ||||||
| 13 | program and who takes the examination during that calendar | ||||||
| 14 | year shall not be counted for purposes of determining the | ||||||
| 15 | school's failure rate on an examination, without regard to | ||||||
| 16 | whether that transfer student passes or fails the | ||||||
| 17 | examination. | ||||||
| 18 | (16) Failure to maintain a written record indicating | ||||||
| 19 | the funds received per student and funds paid out per | ||||||
| 20 | student. Such records shall be maintained for a minimum of | ||||||
| 21 | 7 years and shall be made available to the Department upon | ||||||
| 22 | request. Such records shall identify the funding source | ||||||
| 23 | and amount for any student who has enrolled as well as any | ||||||
| 24 | other item set forth by rule. | ||||||
| 25 | (17) Failure to maintain a copy of the student record | ||||||
| 26 | as defined by rule. | ||||||
| |||||||
| |||||||
| 1 | (18) Entering into enrollment agreements or contracts | ||||||
| 2 | with students that are not in accordance with this Act and | ||||||
| 3 | any applicable rules. | ||||||
| 4 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 5 | (225 ILCS 410/3B-16) | ||||||
| 6 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 7 | Sec. 3B-16. Exceptions for public schools. The Secretary | ||||||
| 8 | may waive any requirement of this Act or of the rules enacted | ||||||
| 9 | by the Department pursuant to this Act pertaining to the | ||||||
| 10 | operation of a barber, cosmetology, esthetics, hair braiding, | ||||||
| 11 | or nail technology school owned or operated by the Department | ||||||
| 12 | of Corrections, Federal Bureau of Prisons, or a county jail or | ||||||
| 13 | county department of corrections and located in a correctional | ||||||
| 14 | facility to educate inmates that is inconsistent with the | ||||||
| 15 | mission or operations of the Department of Corrections, | ||||||
| 16 | Federal Bureau of Prisons, or a county jail or county | ||||||
| 17 | department of corrections or is detrimental to the safety and | ||||||
| 18 | security of any correctional facility or for any other reason | ||||||
| 19 | related to the operation of the facility. The Secretary may | ||||||
| 20 | waive any requirement of this Act or of the rules enacted by | ||||||
| 21 | the Department pursuant to this Act pertaining to the | ||||||
| 22 | operation of a barber, cosmetology, esthetics, hair braiding, | ||||||
| 23 | or nail technology school owned or operated by a public | ||||||
| 24 | Secondary School including a high school, a School for a | ||||||
| 25 | Designated Purpose, or an a Alternative High School under the | ||||||
| |||||||
| |||||||
| 1 | School Code, and located on the school's property to educate | ||||||
| 2 | students that is inconsistent with the mission or operations | ||||||
| 3 | of the public school or is detrimental to the safety and | ||||||
| 4 | security of the school, or any other reason related to the | ||||||
| 5 | operation of the school. Nothing in this Section 3B-16 exempts | ||||||
| 6 | the Department of Corrections, the Federal Bureau of Prisons, | ||||||
| 7 | a county jail or county department of corrections, or | ||||||
| 8 | Secondary Schools defined as high schools, Schools for a | ||||||
| 9 | Designated Purpose, and Alternative High Schools under the | ||||||
| 10 | School Code from the necessity of licensure. | ||||||
| 11 | (Source: P.A. 104-153, eff. 1-1-26; revised 12-12-25.) | ||||||
| 12 | (225 ILCS 410/Art. IIID heading) | ||||||
| 13 | ARTICLE IIID. COSMETOLOGY, ESTHETICS, HAIR BRAIDING, | ||||||
| 14 | AND NAIL TECHNOLOGY SALONS AND BARBER SHOPS | ||||||
| 15 | (Source: P.A. 96-1246, eff. 1-1-11.) | ||||||
| 16 | (225 ILCS 410/3D-5) | ||||||
| 17 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 18 | Sec. 3D-5. Requisites for ownership or operation of | ||||||
| 19 | cosmetology, esthetics, hair braiding, and nail technology | ||||||
| 20 | salons and barber shops. | ||||||
| 21 | (a) No person, firm, partnership, limited liability | ||||||
| 22 | company, professional limited liability company, corporation, | ||||||
| 23 | or professional service corporation shall own or operate a | ||||||
| 24 | cosmetology, esthetics, hair braiding, or nail technology | ||||||
| |||||||
| |||||||
| 1 | salon or barber shop or employ, rent space to, or | ||||||
| 2 | independently contract with any licensee under this Act | ||||||
| 3 | without applying on forms provided by the Department for a | ||||||
| 4 | certificate of registration. This registration shall be in | ||||||
| 5 | addition to and shall not replace or supersede any other | ||||||
| 6 | business license, registration, or permit that may be required | ||||||
| 7 | by local municipalities or other governmental entities to own | ||||||
| 8 | or operate a business in the governmental entity's | ||||||
| 9 | jurisdiction. The issuance of a license, registration, or | ||||||
| 10 | permit by a municipality or another governmental entity to a | ||||||
| 11 | salon or shop shall not waive the requirement to obtain a | ||||||
| 12 | certificate of registration from the Department to own or | ||||||
| 13 | operate a salon or shop. | ||||||
| 14 | (b) The application for a certificate of registration | ||||||
| 15 | under this Section shall set forth the name, address, and | ||||||
| 16 | telephone number of the proposed cosmetology, esthetics, hair | ||||||
| 17 | braiding, or nail technology salon or barber shop; the name, | ||||||
| 18 | address, and telephone number of the person, firm, | ||||||
| 19 | partnership, limited liability company, professional limited | ||||||
| 20 | liability company, corporation, or professional service | ||||||
| 21 | corporation that is to own or operate the salon or shop; the | ||||||
| 22 | license number of the owner or operator of the shop if they are | ||||||
| 23 | licensed under the Act or the name and license number of the | ||||||
| 24 | individual manager of the salon or shop; and, if the salon or | ||||||
| 25 | shop is to be owned or operated by an entity other than an | ||||||
| 26 | individual, the name, address, and telephone number of the | ||||||
| |||||||
| |||||||
| 1 | managing partner or the chief executive officer of the | ||||||
| 2 | corporation or other entity that owns or operates the salon or | ||||||
| 3 | shop. A person who is not licensed under the Act may own or | ||||||
| 4 | operate a salon or shop, but may not practice barbering, | ||||||
| 5 | cosmetology, esthetics, hair braiding, or nail technology. An | ||||||
| 6 | unlicensed owner or operator of a salon or shop shall employ at | ||||||
| 7 | least one person as a manager who holds a license under the Act | ||||||
| 8 | and manages the salon or shop. The licensed owner, operator, | ||||||
| 9 | or manager of a salon or shop shall ensure that the salon or | ||||||
| 10 | shop operates in compliance with this Act and any applicable | ||||||
| 11 | rules, and the owner's, operator's, or manager's name and | ||||||
| 12 | license number shall be posted with the certificate of | ||||||
| 13 | registration at the salon or shop. | ||||||
| 14 | (c) The Department shall be notified by the owner or | ||||||
| 15 | operator of a salon or shop that is moved to a new location. If | ||||||
| 16 | there is a change in the ownership or operation or manager of a | ||||||
| 17 | salon or shop, the new owner, operator, or manager shall | ||||||
| 18 | report that change to the Department along with completion of | ||||||
| 19 | any additional requirements set forth by rule. | ||||||
| 20 | (d) If a person, firm, partnership, limited liability | ||||||
| 21 | company, professional limited liability company, corporation, | ||||||
| 22 | or professional service corporation owns or operates more than | ||||||
| 23 | one shop or salon, a separate certificate of registration must | ||||||
| 24 | be obtained for each salon or shop. | ||||||
| 25 | (e) A certificate of registration granted under this | ||||||
| 26 | Section may be revoked in accordance with the provisions of | ||||||
| |||||||
| |||||||
| 1 | Article IV and the holder of the certificate and any licensed | ||||||
| 2 | managers may be otherwise disciplined by the Department in | ||||||
| 3 | accordance with rules adopted under this Act. | ||||||
| 4 | (f) The Department may promulgate rules to establish | ||||||
| 5 | additional requirements for owning or operating a salon or | ||||||
| 6 | shop. | ||||||
| 7 | (g) The requirement of a certificate of registration as | ||||||
| 8 | set forth in this Section shall also apply to any person, firm, | ||||||
| 9 | partnership, limited liability company, professional limited | ||||||
| 10 | liability company, corporation, or professional service | ||||||
| 11 | corporation providing barbering, cosmetology, esthetics, hair | ||||||
| 12 | braiding, or nail technology services at any location not | ||||||
| 13 | owned or rented by such person, firm, partnership, limited | ||||||
| 14 | liability company, professional limited liability company, | ||||||
| 15 | corporation, or professional service corporation for these | ||||||
| 16 | purposes or from a mobile shop or salon. Notwithstanding any | ||||||
| 17 | provision of this Section, applicants for a certificate of | ||||||
| 18 | registration under this subsection (g) shall report in its | ||||||
| 19 | application the address and telephone number of its office and | ||||||
| 20 | shall not be required to report the location where services | ||||||
| 21 | are or will be rendered. Nothing in this subsection (g) shall | ||||||
| 22 | apply to a sole proprietor who has no employees or contractors | ||||||
| 23 | and is not operating a mobile shop or salon. | ||||||
| 24 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 25 | (225 ILCS 410/4-1) | ||||||
| |||||||
| |||||||
| 1 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 2 | Sec. 4-1. Powers and duties of Department. The Department | ||||||
| 3 | shall exercise, subject to the provisions of this Act, the | ||||||
| 4 | following functions, powers and duties: | ||||||
| 5 | (1) To cause to be conducted examinations to ascertain | ||||||
| 6 | the qualifications and fitness of applicants for licensure | ||||||
| 7 | as cosmetologists, estheticians, nail technicians, hair | ||||||
| 8 | braiders, or barbers and as cosmetology, esthetics, nail | ||||||
| 9 | technology, hair braiding, or barber teachers. | ||||||
| 10 | (2) To determine the qualifications for licensure as | ||||||
| 11 | (i) a cosmetologist, esthetician, nail technician, hair | ||||||
| 12 | braider, or barber, or (ii) a cosmetology, esthetics, nail | ||||||
| 13 | technology, hair braiding, or barber teacher, or (iii) a | ||||||
| 14 | cosmetology clinic teacher for persons currently holding | ||||||
| 15 | similar licenses outside the State of Illinois or the | ||||||
| 16 | continental U.S. | ||||||
| 17 | (3) To prescribe rules for: | ||||||
| 18 | (i) The method of examination of candidates for | ||||||
| 19 | licensure as a cosmetologist, esthetician, nail | ||||||
| 20 | technician, hair braider, or barber or cosmetology, | ||||||
| 21 | esthetics, nail technology, hair braiding, or barber | ||||||
| 22 | teacher. | ||||||
| 23 | (ii) Minimum standards as to what constitutes an | ||||||
| 24 | approved cosmetology, esthetics, nail technology, hair | ||||||
| 25 | braiding, or barber school. | ||||||
| 26 | (iii) Minimum standards as to what constitutes an | ||||||
| |||||||
| |||||||
| 1 | approved continuing education sponsor for the | ||||||
| 2 | professions under this Act. | ||||||
| 3 | (4) To conduct investigations or hearings on | ||||||
| 4 | proceedings to determine disciplinary action. | ||||||
| 5 | (5) To conduct inspections of cosmetology, esthetics, | ||||||
| 6 | nail technology, hair braiding, or barber schools, salons, | ||||||
| 7 | or shops for compliance with this Act and any applicable | ||||||
| 8 | rules and to prescribe reasonable rules governing the | ||||||
| 9 | sanitary regulation and inspection of cosmetology, | ||||||
| 10 | esthetics, nail technology, hair braiding, or barber | ||||||
| 11 | schools, salons, or shops. | ||||||
| 12 | (6) To prescribe reasonable rules for the method of | ||||||
| 13 | renewal for each license as a cosmetologist, esthetician, | ||||||
| 14 | nail technician, hair braider, or barber or cosmetology, | ||||||
| 15 | esthetics, nail technology, hair braiding, or barber | ||||||
| 16 | teacher or cosmetology clinic teacher or for schools and | ||||||
| 17 | continuing education sponsors. | ||||||
| 18 | (7) To prescribe reasonable rules for the method of | ||||||
| 19 | registration, the issuance, fees, renewal and discipline | ||||||
| 20 | of a certificate of registration for the ownership or | ||||||
| 21 | operation of cosmetology, esthetics, hair braiding, and | ||||||
| 22 | nail technology salons and barber shops. | ||||||
| 23 | (8) To adopt rules concerning sanitation requirements, | ||||||
| 24 | requirements for education on sanitation, and any other | ||||||
| 25 | health concerns associated with threading. | ||||||
| 26 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2) | ||||||
| 2 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 3 | Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair | ||||||
| 4 | Braiding, and Nail Technology Board. There is established | ||||||
| 5 | within the Department the Barber, Cosmetology, Esthetics, Hair | ||||||
| 6 | Braiding, and Nail Technology Board, composed of 11 persons | ||||||
| 7 | appointed by the Secretary, which shall serve in an advisory | ||||||
| 8 | capacity to the Secretary in all matters related to the | ||||||
| 9 | practice of barbering, cosmetology, esthetics, hair braiding, | ||||||
| 10 | and nail technology. | ||||||
| 11 | The 11 members of the Board shall be appointed as follows: | ||||||
| 12 | 4 licensed cosmetologists or cosmetology teachers, all of whom | ||||||
| 13 | hold a current license as a cosmetologist or cosmetology | ||||||
| 14 | teacher and, for appointments made after the effective date of | ||||||
| 15 | this amendatory Act of 1996, at least one of whom shall be an | ||||||
| 16 | owner of or a major stockholder in a school of cosmetology, one | ||||||
| 17 | of whom shall be a representative of either a franchiser or an | ||||||
| 18 | owner operating salons in 2 or more locations within the | ||||||
| 19 | State, and one of whom shall be an independent salon owner; one | ||||||
| 20 | of whom shall be a licensed barber, esthetician, or nail | ||||||
| 21 | technician, or hair braider or a teacher of one these | ||||||
| 22 | professions who shall be an owner of or major stockholder in a | ||||||
| 23 | school of barbering, esthetics, or nail technology, or hair | ||||||
| 24 | braiding; one of whom shall be a licensed barber, esthetician, | ||||||
| 25 | or nail technician, or hair braider and an owner operating one | ||||||
| |||||||
| |||||||
| 1 | or more shops or salons registered under this Act; one of whom | ||||||
| 2 | shall be a licensed barber or barber teacher; one member who | ||||||
| 3 | shall be a licensed esthetician or esthetics teacher; one | ||||||
| 4 | member who shall be a licensed nail technician or nail | ||||||
| 5 | technology teacher; one member who shall be a licensed | ||||||
| 6 | cosmetologist, barber, nail technician, esthetician, or a | ||||||
| 7 | licensed cosmetology, barber, esthetics, or nail technology | ||||||
| 8 | teacher; one member who shall be a licensed hair braider or | ||||||
| 9 | hair braiding teacher; and one public member, as defined in | ||||||
| 10 | Section 1-4 of this Act, who holds no licenses issued by the | ||||||
| 11 | Department under this Act; and none of the members shall be a | ||||||
| 12 | manufacturer, jobber, or stockholder in a factory of | ||||||
| 13 | cosmetology articles or an immediate family member of a | ||||||
| 14 | manufacturer, jobber, or stockholder in a factory of | ||||||
| 15 | cosmetology articles. The Secretary shall give due | ||||||
| 16 | consideration for membership to recommendations by members of | ||||||
| 17 | the professions and by their professional organizations. Each | ||||||
| 18 | member shall serve a term of 4 years or until their successors | ||||||
| 19 | are appointed and qualified. No member shall serve on the | ||||||
| 20 | Board for more than 2 full consecutive terms or for a term that | ||||||
| 21 | would cause the member's continuous service on the Board to be | ||||||
| 22 | longer than 10 years. A member who has served 2 full | ||||||
| 23 | consecutive terms or who has served on the Board for 10 years | ||||||
| 24 | shall not again serve as a member of the board until 4 years | ||||||
| 25 | have passed since the member's last term of service. In the | ||||||
| 26 | case of a Board member position that is vacated before the end | ||||||
| |||||||
| |||||||
| 1 | of the member's term, an individual may be appointed to serve | ||||||
| 2 | the unexpired portion of that term, and appointments to fill | ||||||
| 3 | vacancies shall be made in the same manner as original | ||||||
| 4 | appointments. Members of the Board in office on the effective | ||||||
| 5 | date of any Public Act that makes changes to the requirements | ||||||
| 6 | for membership to the Board shall continue to serve for the | ||||||
| 7 | duration of the terms to which they have been appointed, but | ||||||
| 8 | beginning on the effective date of a new Public Act, all | ||||||
| 9 | appointments of new members to the Board shall be made in a | ||||||
| 10 | manner that will effect at the earliest possible date the | ||||||
| 11 | changes made by the Public Act in the representative | ||||||
| 12 | composition of the Board. | ||||||
| 13 | A majority of the Board members currently appointed shall | ||||||
| 14 | constitute a quorum. A vacancy in the membership of the Board | ||||||
| 15 | shall not impair the right of a quorum to perform all duties of | ||||||
| 16 | the Board. A majority is required for Board decisions. | ||||||
| 17 | The Board shall elect a chairperson and a vice chairperson | ||||||
| 18 | annually. | ||||||
| 19 | The Secretary has the authority to remove any member of | ||||||
| 20 | the Board for cause at any time. The Secretary shall be the | ||||||
| 21 | sole arbiter of cause. The Secretary may remove a member of the | ||||||
| 22 | Board who does not attend 2 consecutive meetings. | ||||||
| 23 | Board members are not liable for their acts, omissions, | ||||||
| 24 | decisions, or other conduct in connection with their duties on | ||||||
| 25 | the Board, except those determined to be willful, wanton, or | ||||||
| 26 | intentional misconduct. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 2 | (225 ILCS 410/4-4) (from Ch. 111, par. 1704-4) | ||||||
| 3 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 4 | Sec. 4-4. Issuance of license. Whenever the provisions of | ||||||
| 5 | this Act and any applicable rules have been complied with, the | ||||||
| 6 | Department shall issue a license as a cosmetologist, | ||||||
| 7 | esthetician, nail technician, hair braider, or barber, a | ||||||
| 8 | license as a cosmetology, esthetics, nail technology, hair | ||||||
| 9 | braiding, or barber teacher, or a license as a cosmetology | ||||||
| 10 | clinic teacher as the case may be. | ||||||
| 11 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 12 | (225 ILCS 410/4-6.1) | ||||||
| 13 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 14 | Sec. 4-6.1. Applicant convictions. | ||||||
| 15 | (a) When reviewing a conviction by plea of guilty or nolo | ||||||
| 16 | contendere, finding of guilt, jury verdict, or entry of | ||||||
| 17 | judgment or by sentencing of an initial applicant, the | ||||||
| 18 | Department may only deny a license based upon consideration of | ||||||
| 19 | mitigating factors provided in subsection (c) of this Section | ||||||
| 20 | for a felony directly related to the practice of cosmetology, | ||||||
| 21 | esthetics, hair braiding, nail technology, and barbering. | ||||||
| 22 | (b) The following crimes or similar offenses in any other | ||||||
| 23 | jurisdiction are hereby deemed directly related to the | ||||||
| 24 | practice of cosmetology, esthetics, hair braiding, nail | ||||||
| |||||||
| |||||||
| 1 | technology, and barbering: | ||||||
| 2 | (1) first degree murder; | ||||||
| 3 | (2) second degree murder; | ||||||
| 4 | (3) drug induced homicide; | ||||||
| 5 | (4) unlawful restraint; | ||||||
| 6 | (5) aggravated unlawful restraint; | ||||||
| 7 | (6) forcible detention; | ||||||
| 8 | (7) involuntary servitude; | ||||||
| 9 | (8) involuntary sexual servitude of a minor; | ||||||
| 10 | (9) predatory criminal sexual assault of a child; | ||||||
| 11 | (10) aggravated criminal sexual assault; | ||||||
| 12 | (11) criminal sexual assault; | ||||||
| 13 | (12) criminal sexual abuse; | ||||||
| 14 | (13) aggravated kidnaping; | ||||||
| 15 | (14) aggravated robbery; | ||||||
| 16 | (15) armed robbery; | ||||||
| 17 | (16) kidnapping; | ||||||
| 18 | (17) aggravated battery; | ||||||
| 19 | (18) aggravated vehicular hijacking; | ||||||
| 20 | (19) terrorism; | ||||||
| 21 | (20) causing a catastrophe; | ||||||
| 22 | (21) possession of a deadly substance; | ||||||
| 23 | (22) making a terrorist threat; | ||||||
| 24 | (23) material support for terrorism; | ||||||
| 25 | (24) hindering prosecution of terrorism; | ||||||
| 26 | (25) armed violence; | ||||||
| |||||||
| |||||||
| 1 | (26) any felony based on consumer fraud or deceptive | ||||||
| 2 | business practices under the Consumer Fraud and Deceptive | ||||||
| 3 | Business Practices Act; | ||||||
| 4 | (27) any felony requiring registration as a sex | ||||||
| 5 | offender under the Sex Offender Registration Act; | ||||||
| 6 | (28) attempt of any the offenses set forth in | ||||||
| 7 | paragraphs (1) through (27) of this subsection (b); and | ||||||
| 8 | (29) convictions set forth in Section 4-20 of this | ||||||
| 9 | Act. | ||||||
| 10 | (c) The Department shall consider any mitigating factors | ||||||
| 11 | contained in the record, when determining the appropriate | ||||||
| 12 | disciplinary sanction, if any, to be imposed. In addition to | ||||||
| 13 | those set forth in Section 2105-130 of the Department of | ||||||
| 14 | Professional Regulation Law of the Civil Administrative Code | ||||||
| 15 | of Illinois, mitigating factors shall include the following: | ||||||
| 16 | (1) the bearing, if any, the criminal offense or | ||||||
| 17 | offenses for which the person was previously convicted | ||||||
| 18 | will have on his or her fitness or ability to perform one | ||||||
| 19 | or more such duties and responsibilities; | ||||||
| 20 | (2) the time that has elapsed since the criminal | ||||||
| 21 | conviction; and | ||||||
| 22 | (3) the age of the person at the time of the criminal | ||||||
| 23 | conviction. | ||||||
| 24 | (d) The Department shall issue an annual report by January | ||||||
| 25 | 31, 2018 and by January 31 each year thereafter, indicating | ||||||
| 26 | the following: | ||||||
| |||||||
| |||||||
| 1 | (1) the number of initial applicants for a license | ||||||
| 2 | under this Act within the preceding calendar year; | ||||||
| 3 | (2) the number of initial applicants for a license | ||||||
| 4 | under this Act within the previous calendar year who had a | ||||||
| 5 | conviction; | ||||||
| 6 | (3) the number of applicants with a conviction who | ||||||
| 7 | were granted a license under this Act within the previous | ||||||
| 8 | year; | ||||||
| 9 | (4) the number of applicants denied a license under | ||||||
| 10 | this Act within the preceding calendar year; and | ||||||
| 11 | (5) the number of applicants denied a license under | ||||||
| 12 | this Act solely on the basis of a conviction within the | ||||||
| 13 | preceding calendar year. | ||||||
| 14 | (e) Nothing in this Section shall prevent the Department | ||||||
| 15 | taking disciplinary or non-disciplinary action against a | ||||||
| 16 | license as set forth in paragraph (2) of subsection (1) of | ||||||
| 17 | Section 4-7 of this Act. | ||||||
| 18 | (Source: P.A. 99-876, eff. 1-1-17.) | ||||||
| 19 | (225 ILCS 410/4-7) | ||||||
| 20 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 21 | Sec. 4-7. Refusal, suspension, and revocation of licenses; | ||||||
| 22 | causes; disciplinary action. | ||||||
| 23 | (1) The Department may refuse to issue or renew, and may | ||||||
| 24 | suspend, revoke, place on probation, reprimand, or take any | ||||||
| 25 | other disciplinary or non-disciplinary action as the | ||||||
| |||||||
| |||||||
| 1 | Department may deem proper, including civil penalties not to | ||||||
| 2 | exceed $500 for each violation, with regard to any license or | ||||||
| 3 | registration for any one, or any combination, of the following | ||||||
| 4 | causes: | ||||||
| 5 | a. For licensees, conviction of any crime under the | ||||||
| 6 | laws of the United States or any state or territory | ||||||
| 7 | thereof that is (i) a felony, (ii) a misdemeanor, an | ||||||
| 8 | essential element of which is dishonesty, or (iii) a crime | ||||||
| 9 | which is related to the practice of the profession and, | ||||||
| 10 | for initial applicants, convictions set forth in Section | ||||||
| 11 | 4-6.1 of this Act. | ||||||
| 12 | b. Conviction of any of the violations listed in | ||||||
| 13 | Section 4-20. | ||||||
| 14 | c. Material misstatement in furnishing information to | ||||||
| 15 | the Department. | ||||||
| 16 | d. Making any misrepresentation for the purpose of | ||||||
| 17 | obtaining a license or violating any provision of this Act | ||||||
| 18 | or its rules. | ||||||
| 19 | e. Aiding or assisting another person in violating any | ||||||
| 20 | provision of this Act or its rules. | ||||||
| 21 | f. Failing, within 60 days, to provide information in | ||||||
| 22 | response to a written request made by the Department. | ||||||
| 23 | g. Discipline by another state, territory, or country | ||||||
| 24 | if at least one of the grounds for the discipline is the | ||||||
| 25 | same as or substantially equivalent to those set forth in | ||||||
| 26 | this Act. | ||||||
| |||||||
| |||||||
| 1 | h. Practice in the barber, nail technology, esthetics, | ||||||
| 2 | hair braiding, or cosmetology profession, or an attempt to | ||||||
| 3 | practice in those professions, by fraudulent | ||||||
| 4 | misrepresentation. | ||||||
| 5 | i. Gross malpractice or gross incompetency. | ||||||
| 6 | j. Continued practice by a person knowingly having an | ||||||
| 7 | infectious or contagious disease. | ||||||
| 8 | k. Solicitation of professional services by using | ||||||
| 9 | false or misleading advertising. | ||||||
| 10 | l. A finding by the Department that the licensee, | ||||||
| 11 | after having his or her license placed on probationary | ||||||
| 12 | status, has violated the terms of probation. | ||||||
| 13 | m. Directly or indirectly giving to or receiving from | ||||||
| 14 | any person, firm, corporation, professional service | ||||||
| 15 | corporation, partnership, limited liability company, | ||||||
| 16 | professional limited liability company, or association any | ||||||
| 17 | fee, commission, rebate, or other form of compensation for | ||||||
| 18 | any professional services not actually or personally | ||||||
| 19 | rendered. | ||||||
| 20 | n. Violating any of the provisions of this Act or | ||||||
| 21 | rules adopted pursuant to this Act. | ||||||
| 22 | o. Willfully making or filing false records or reports | ||||||
| 23 | relating to a licensee's practice, including, but not | ||||||
| 24 | limited to, false records filed with State agencies or | ||||||
| 25 | departments. | ||||||
| 26 | p. Habitual or excessive use or addiction to alcohol, | ||||||
| |||||||
| |||||||
| 1 | narcotics, stimulants, or any other chemical agent or drug | ||||||
| 2 | that results in the inability to practice with reasonable | ||||||
| 3 | judgment, skill, or safety. | ||||||
| 4 | q. Engaging in dishonorable, unethical, or | ||||||
| 5 | unprofessional conduct of a character likely to deceive, | ||||||
| 6 | defraud, or harm the public as may be defined by rules of | ||||||
| 7 | the Department, or violating the rules of professional | ||||||
| 8 | conduct which may be adopted by the Department. | ||||||
| 9 | r. Permitting any person to use for any unlawful or | ||||||
| 10 | fraudulent purpose one's diploma or license or certificate | ||||||
| 11 | of registration as a cosmetologist, nail technician, | ||||||
| 12 | esthetician, hair braider, or barber or cosmetology, nail | ||||||
| 13 | technology, esthetics, hair braiding, or barber teacher or | ||||||
| 14 | salon or shop or cosmetology clinic teacher or a school or | ||||||
| 15 | continuing education sponsor. | ||||||
| 16 | s. Being named as a perpetrator in an indicated report | ||||||
| 17 | by the Department of Children and Family Services under | ||||||
| 18 | the Abused and Neglected Child Reporting Act and upon | ||||||
| 19 | proof by clear and convincing evidence that the licensee | ||||||
| 20 | has caused a child to be an abused child or neglected child | ||||||
| 21 | as defined in the Abused and Neglected Child Reporting | ||||||
| 22 | Act. | ||||||
| 23 | t. Operating a school, salon, or shop without a valid | ||||||
| 24 | license or registration. | ||||||
| 25 | u. Failure to complete required continuing education | ||||||
| 26 | hours. | ||||||
| |||||||
| |||||||
| 1 | v. Using any technique, product, or practice intended | ||||||
| 2 | to affect the living layers of the skin. | ||||||
| 3 | w. v. Operating, owning, or managing a school, salon, | ||||||
| 4 | or shop that is cited for sanitary violations by the | ||||||
| 5 | Department. | ||||||
| 6 | (2) In rendering an order, the Secretary shall take into | ||||||
| 7 | consideration the facts and circumstances involving the type | ||||||
| 8 | of acts or omissions in paragraph (1) of this Section, | ||||||
| 9 | including, but not limited to: | ||||||
| 10 | (a) the extent to which public confidence in the | ||||||
| 11 | cosmetology, nail technology, esthetics, hair braiding, or | ||||||
| 12 | barbering profession was, might have been, or may be, | ||||||
| 13 | injured; | ||||||
| 14 | (b) the degree of trust and dependence among the | ||||||
| 15 | involved parties; | ||||||
| 16 | (c) the character and degree of harm which did result | ||||||
| 17 | or might have resulted; | ||||||
| 18 | (d) the intent or mental state of the licensee at the | ||||||
| 19 | time of the acts or omissions. | ||||||
| 20 | (3) The Department may reissue the license or registration | ||||||
| 21 | upon certification by the Board that the disciplined licensee | ||||||
| 22 | or registrant has complied with all of the terms and | ||||||
| 23 | conditions set forth in the final order or has been | ||||||
| 24 | sufficiently rehabilitated to warrant the public trust. | ||||||
| 25 | (4) The Department shall refuse to issue or renew or | ||||||
| 26 | suspend without hearing the license or certificate of | ||||||
| |||||||
| |||||||
| 1 | registration of any person who fails to file a return, or to | ||||||
| 2 | pay the tax, penalty, or interest shown in a filed return, or | ||||||
| 3 | to pay any final assessment of tax, penalty, or interest, as | ||||||
| 4 | required by any tax Act administered by the Illinois | ||||||
| 5 | Department of Revenue, until such time as the requirements of | ||||||
| 6 | any such tax Act are satisfied as determined by the Department | ||||||
| 7 | of Revenue. | ||||||
| 8 | (5) (Blank). | ||||||
| 9 | (6) All fines imposed under this Section shall be paid | ||||||
| 10 | within 60 days after the effective date of the order imposing | ||||||
| 11 | the fine or in accordance with the terms set forth in the order | ||||||
| 12 | imposing the fine. | ||||||
| 13 | (Source: P.A. 104-134, eff. 8-1-25; 104-153, eff. 1-1-26; | ||||||
| 14 | revised 11-21-25.) | ||||||
| 15 | (225 ILCS 410/4-9) (from Ch. 111, par. 1704-9) | ||||||
| 16 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 17 | Sec. 4-9. Practice without a license or after suspension | ||||||
| 18 | or revocation thereof. | ||||||
| 19 | (a) If any person, association, firm, partnership, limited | ||||||
| 20 | liability company, professional limited liability company, | ||||||
| 21 | corporation, or professional service corporation violates the | ||||||
| 22 | provisions of this Act, the Secretary may, in the name of the | ||||||
| 23 | People of the State of Illinois, through the Attorney General | ||||||
| 24 | of the State of Illinois, petition, for an order enjoining | ||||||
| 25 | such violation or for an order enforcing compliance with this | ||||||
| |||||||
| |||||||
| 1 | Act. Upon the filing of a verified petition in such court, the | ||||||
| 2 | court may issue a temporary restraining order, without notice | ||||||
| 3 | or bond, and may preliminarily and permanently enjoin such | ||||||
| 4 | violation, and if it is established that such person, | ||||||
| 5 | association, firm, partnership, limited liability company, | ||||||
| 6 | professional limited liability company, corporation, or | ||||||
| 7 | professional service corporation has violated or is violating | ||||||
| 8 | the injunction, the Court may punish the offender for contempt | ||||||
| 9 | of court. Proceedings under this Section shall be in addition | ||||||
| 10 | to, and not in lieu of, all other remedies and penalties | ||||||
| 11 | provided by this Act. | ||||||
| 12 | (b) If any person shall practice as a barber, | ||||||
| 13 | cosmetologist, nail technician, hair braider, or esthetician, | ||||||
| 14 | or teacher thereof or cosmetology clinic teacher or hold | ||||||
| 15 | himself or herself out as such without being licensed under | ||||||
| 16 | the provisions of this Act, any licensee, any interested | ||||||
| 17 | party, or any person injured thereby may, in addition to the | ||||||
| 18 | Secretary, petition for relief as provided in subsection (a) | ||||||
| 19 | of this Section. | ||||||
| 20 | (c) Whenever in the opinion of the Department any person, | ||||||
| 21 | association, partnership, firm, limited liability company, | ||||||
| 22 | professional limited liability company, corporation, | ||||||
| 23 | professional service corporation, or other legal entity has | ||||||
| 24 | violated any provision of Section 1-7 or 3D-5 of this Act, the | ||||||
| 25 | Department may issue a rule to show cause why an order to cease | ||||||
| 26 | and desist should not be entered against that person, firm, | ||||||
| |||||||
| |||||||
| 1 | corporation, or legal entity. The rule shall clearly set forth | ||||||
| 2 | the grounds relied upon by the Department and shall provide a | ||||||
| 3 | period of 7 days from the date of the rule to file an answer to | ||||||
| 4 | the satisfaction of the Department. Failure to answer to the | ||||||
| 5 | satisfaction of the Department shall cause an order to cease | ||||||
| 6 | and desist to be issued immediately. | ||||||
| 7 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 8 | (225 ILCS 410/4-19) (from Ch. 111, par. 1704-19) | ||||||
| 9 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 10 | Sec. 4-19. Emergency suspension. The Secretary may | ||||||
| 11 | temporarily suspend the license of a barber, cosmetologist, | ||||||
| 12 | nail technician, or hair braider, esthetician or teacher | ||||||
| 13 | thereof or of a cosmetology clinic teacher without a hearing, | ||||||
| 14 | simultaneously with the institution of proceedings for a | ||||||
| 15 | hearing provided for in Section 4-10 of this Act, if the | ||||||
| 16 | Secretary finds that evidence in the Secretary's possession | ||||||
| 17 | indicates that the licensee's continuation in practice would | ||||||
| 18 | constitute an imminent danger to the public. In the event that | ||||||
| 19 | the Secretary suspends, temporarily, this license without a | ||||||
| 20 | hearing, a hearing must be commenced within 30 days after such | ||||||
| 21 | suspension has occurred. | ||||||
| 22 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 23 | (225 ILCS 410/4-20) (from Ch. 111, par. 1704-20) | ||||||
| 24 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| |||||||
| |||||||
| 1 | Sec. 4-20. Violations; penalties. Whoever violates any of | ||||||
| 2 | the following shall, for the first offense, be guilty of a | ||||||
| 3 | Class B misdemeanor; for the second offense, shall be guilty | ||||||
| 4 | of a Class A misdemeanor; and for all subsequent offenses, | ||||||
| 5 | shall be guilty of a Class 4 felony and be fined not less than | ||||||
| 6 | $1,000 or more than $5,000. | ||||||
| 7 | (1) The practice of cosmetology, nail technology, | ||||||
| 8 | esthetics, hair braiding, or barbering or an attempt to | ||||||
| 9 | practice cosmetology, nail technology, esthetics, hair | ||||||
| 10 | braiding, or barbering without a license as a | ||||||
| 11 | cosmetologist, nail technician, esthetician, hair braider, | ||||||
| 12 | or barber; or the practice or attempt to practice as a | ||||||
| 13 | cosmetology, nail technology, esthetics, hair braiding, or | ||||||
| 14 | barber teacher without a license as a cosmetology, nail | ||||||
| 15 | technology, esthetics, hair braiding, or barber teacher; | ||||||
| 16 | or the practice or attempt to practice as a cosmetology | ||||||
| 17 | clinic teacher without a proper license. | ||||||
| 18 | (2) The obtaining of or an attempt to obtain a license | ||||||
| 19 | or money or any other thing of value by fraudulent | ||||||
| 20 | misrepresentation. | ||||||
| 21 | (3) Practice in the barber, nail technology, | ||||||
| 22 | cosmetology, hair braiding, or esthetic profession, or an | ||||||
| 23 | attempt to practice in those professions, by fraudulent | ||||||
| 24 | misrepresentation. | ||||||
| 25 | (4) Wilfully making any false oath or affirmation | ||||||
| 26 | whenever an oath or affirmation is required by this Act. | ||||||
| |||||||
| |||||||
| 1 | (5) The use of any technique, product, or practice | ||||||
| 2 | intended to affect the living layers of the skin in the | ||||||
| 3 | practice of cosmetology, nail technology, esthetics, hair | ||||||
| 4 | braiding, or barbering. | ||||||
| 5 | (6) The violation of any of the provisions of this | ||||||
| 6 | Act. | ||||||
| 7 | (Source: P.A. 104-134, eff. 8-1-25.) | ||||||
| 8 | (225 ILCS 410/Art. IIIE rep.) | ||||||
| 9 | Section 903. The Barber, Cosmetology, Esthetics, and Nail | ||||||
| 10 | Technology Act of 1985 is amended by repealing Article IIIE. | ||||||
| 11 | Section 905. The Unified Code of Corrections is amended by | ||||||
| 12 | changing Section 5-5-5 as follows: | ||||||
| 13 | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5) | ||||||
| 14 | Sec. 5-5-5. Loss and restoration of rights. | ||||||
| 15 | (a) Conviction and disposition shall not entail the loss | ||||||
| 16 | by the defendant of any civil rights, except under this | ||||||
| 17 | Section and Sections 29-6 and 29-10 of The Election Code, as | ||||||
| 18 | now or hereafter amended. | ||||||
| 19 | (b) A person convicted of a felony shall be ineligible to | ||||||
| 20 | hold an office created by the Constitution of this State until | ||||||
| 21 | the completion of his sentence. | ||||||
| 22 | (b-5) Notwithstanding any other provision of law, a person | ||||||
| 23 | convicted of a felony, bribery, perjury, or other infamous | ||||||
| |||||||
| |||||||
| 1 | crime for an offense committed on or after the effective date | ||||||
| 2 | of this amendatory Act of the 103rd General Assembly and | ||||||
| 3 | committed while he or she was serving as a public official in | ||||||
| 4 | this State is ineligible to hold any local public office or any | ||||||
| 5 | office created by the Constitution of this State unless the | ||||||
| 6 | person's conviction is reversed, the person is again restored | ||||||
| 7 | to such rights by the terms of a pardon for the offense, the | ||||||
| 8 | person has received a restoration of rights by the Governor, | ||||||
| 9 | or the person's rights are otherwise restored by law. | ||||||
| 10 | (c) A person sentenced to imprisonment shall lose his | ||||||
| 11 | right to vote until released from imprisonment. | ||||||
| 12 | (d) On completion of sentence of imprisonment or upon | ||||||
| 13 | discharge from probation, conditional discharge or periodic | ||||||
| 14 | imprisonment, or at any time thereafter, all license rights | ||||||
| 15 | and privileges granted under the authority of this State which | ||||||
| 16 | have been revoked or suspended because of conviction of an | ||||||
| 17 | offense shall be restored unless the authority having | ||||||
| 18 | jurisdiction of such license rights finds after investigation | ||||||
| 19 | and hearing that restoration is not in the public interest. | ||||||
| 20 | This paragraph (d) shall not apply to the suspension or | ||||||
| 21 | revocation of a license to operate a motor vehicle under the | ||||||
| 22 | Illinois Vehicle Code. | ||||||
| 23 | (e) Upon a person's discharge from incarceration or | ||||||
| 24 | parole, or upon a person's discharge from probation or at any | ||||||
| 25 | time thereafter, the committing court may enter an order | ||||||
| 26 | certifying that the sentence has been satisfactorily completed | ||||||
| |||||||
| |||||||
| 1 | when the court believes it would assist in the rehabilitation | ||||||
| 2 | of the person and be consistent with the public welfare. Such | ||||||
| 3 | order may be entered upon the motion of the defendant or the | ||||||
| 4 | State or upon the court's own motion. | ||||||
| 5 | (f) Upon entry of the order, the court shall issue to the | ||||||
| 6 | person in whose favor the order has been entered a certificate | ||||||
| 7 | stating that his behavior after conviction has warranted the | ||||||
| 8 | issuance of the order. | ||||||
| 9 | (g) This Section shall not affect the right of a defendant | ||||||
| 10 | to collaterally attack his conviction or to rely on it in bar | ||||||
| 11 | of subsequent proceedings for the same offense. | ||||||
| 12 | (h) No application for any license specified in subsection | ||||||
| 13 | (i) of this Section granted under the authority of this State | ||||||
| 14 | shall be denied by reason of an eligible offender who has | ||||||
| 15 | obtained a certificate of relief from disabilities, as defined | ||||||
| 16 | in Article 5.5 of this Chapter, having been previously | ||||||
| 17 | convicted of one or more criminal offenses, or by reason of a | ||||||
| 18 | finding of lack of "good moral character" when the finding is | ||||||
| 19 | based upon the fact that the applicant has previously been | ||||||
| 20 | convicted of one or more criminal offenses, unless: | ||||||
| 21 | (1) there is a direct relationship between one or more | ||||||
| 22 | of the previous criminal offenses and the specific license | ||||||
| 23 | sought; or | ||||||
| 24 | (2) the issuance of the license would involve an | ||||||
| 25 | unreasonable risk to property or to the safety or welfare | ||||||
| 26 | of specific individuals or the general public. | ||||||
| |||||||
| |||||||
| 1 | In making such a determination, the licensing agency shall | ||||||
| 2 | consider the following factors: | ||||||
| 3 | (1) the public policy of this State, as expressed in | ||||||
| 4 | Article 5.5 of this Chapter, to encourage the licensure | ||||||
| 5 | and employment of persons previously convicted of one or | ||||||
| 6 | more criminal offenses; | ||||||
| 7 | (2) the specific duties and responsibilities | ||||||
| 8 | necessarily related to the license being sought; | ||||||
| 9 | (3) the bearing, if any, the criminal offenses or | ||||||
| 10 | offenses for which the person was previously convicted | ||||||
| 11 | will have on his or her fitness or ability to perform one | ||||||
| 12 | or more such duties and responsibilities; | ||||||
| 13 | (4) the time which has elapsed since the occurrence of | ||||||
| 14 | the criminal offense or offenses; | ||||||
| 15 | (5) the age of the person at the time of occurrence of | ||||||
| 16 | the criminal offense or offenses; | ||||||
| 17 | (6) the seriousness of the offense or offenses; | ||||||
| 18 | (7) any information produced by the person or produced | ||||||
| 19 | on his or her behalf in regard to his or her rehabilitation | ||||||
| 20 | and good conduct, including a certificate of relief from | ||||||
| 21 | disabilities issued to the applicant, which certificate | ||||||
| 22 | shall create a presumption of rehabilitation in regard to | ||||||
| 23 | the offense or offenses specified in the certificate; and | ||||||
| 24 | (8) the legitimate interest of the licensing agency in | ||||||
| 25 | protecting property, and the safety and welfare of | ||||||
| 26 | specific individuals or the general public. | ||||||
| |||||||
| |||||||
| 1 | (i) A certificate of relief from disabilities shall be | ||||||
| 2 | issued only for a license or certification issued under the | ||||||
| 3 | following Acts: | ||||||
| 4 | (1) the Animal Welfare Act; except that a certificate | ||||||
| 5 | of relief from disabilities may not be granted to provide | ||||||
| 6 | for the issuance or restoration of a license under the | ||||||
| 7 | Animal Welfare Act for any person convicted of violating | ||||||
| 8 | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane | ||||||
| 9 | Care for Animals Act or Section 26-5 or 48-1 of the | ||||||
| 10 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
| 11 | (2) the Illinois Athletic Trainers Practice Act; | ||||||
| 12 | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | ||||||
| 13 | and Nail Technology Act of 1985; | ||||||
| 14 | (3.5)The Textured Hair Licensing Act; | ||||||
| 15 | (4) the Boiler and Pressure Vessel Repairer Regulation | ||||||
| 16 | Act; | ||||||
| 17 | (5) the Boxing and Full-contact Martial Arts Act; | ||||||
| 18 | (6) the Illinois Certified Shorthand Reporters Act of | ||||||
| 19 | 1984; | ||||||
| 20 | (7) the Illinois Farm Labor Contractor Certification | ||||||
| 21 | Act; | ||||||
| 22 | (8) the Registered Interior Designers Act; | ||||||
| 23 | (9) the Illinois Professional Land Surveyor Act of | ||||||
| 24 | 1989; | ||||||
| 25 | (10) the Landscape Architecture Registration Act; | ||||||
| 26 | (11) the Marriage and Family Therapy Licensing Act; | ||||||
| |||||||
| |||||||
| 1 | (12) the Private Employment Agency Act; | ||||||
| 2 | (13) the Professional Counselor and Clinical | ||||||
| 3 | Professional Counselor Licensing and Practice Act; | ||||||
| 4 | (14) the Real Estate License Act of 2000; | ||||||
| 5 | (15) the Illinois Roofing Industry Licensing Act; | ||||||
| 6 | (16) the Professional Engineering Practice Act of | ||||||
| 7 | 1989; | ||||||
| 8 | (17) the Water Well and Pump Installation Contractor's | ||||||
| 9 | License Act; | ||||||
| 10 | (18) the Electrologist Licensing Act; | ||||||
| 11 | (19) the Auction License Act; | ||||||
| 12 | (20) the Illinois Architecture Practice Act of 1989; | ||||||
| 13 | (21) the Dietitian Nutritionist Practice Act; | ||||||
| 14 | (22) the Environmental Health Practitioner Licensing | ||||||
| 15 | Act; | ||||||
| 16 | (23) the Funeral Directors and Embalmers Licensing | ||||||
| 17 | Code; | ||||||
| 18 | (24) (blank); | ||||||
| 19 | (25) the Professional Geologist Licensing Act; | ||||||
| 20 | (26) the Illinois Public Accounting Act; and | ||||||
| 21 | (27) the Structural Engineering Practice Act of 1989. | ||||||
| 22 | (Source: P.A. 102-284, eff. 8-6-21; 103-562, eff. 11-17-23.) | ||||||
| 23 | Section 910. The Human Trafficking Resource Center Notice | ||||||
| 24 | Act is amended by changing Section 5 as follows: | ||||||
| |||||||
| |||||||
| 1 | (775 ILCS 50/5) | ||||||
| 2 | Sec. 5. Posted notice required. | ||||||
| 3 | (a) Each of the following businesses and other | ||||||
| 4 | establishments shall, upon the availability of the model | ||||||
| 5 | notice described in Section 15 of this Act, post a notice that | ||||||
| 6 | complies with the requirements of this Act in a conspicuous | ||||||
| 7 | place near the public entrance of the establishment, in all | ||||||
| 8 | restrooms open to the public, or in another conspicuous | ||||||
| 9 | location in clear view of the public and employees where | ||||||
| 10 | similar notices are customarily posted: | ||||||
| 11 | (1) On premise consumption retailer licensees under | ||||||
| 12 | the Liquor Control Act of 1934 where the sale of alcoholic | ||||||
| 13 | liquor is the principal business carried on by the | ||||||
| 14 | licensee at the premises and primary to the sale of food. | ||||||
| 15 | (2) Adult entertainment facilities, as defined in | ||||||
| 16 | Section 5-1097.5 of the Counties Code. | ||||||
| 17 | (3) Primary airports, as defined in Section 47102(16) | ||||||
| 18 | of Title 49 of the United States Code. | ||||||
| 19 | (4) Intercity passenger rail or light rail stations. | ||||||
| 20 | (5) Bus stations. | ||||||
| 21 | (6) Truck stops. For purposes of this Act, "truck | ||||||
| 22 | stop" means a privately-owned and operated facility that | ||||||
| 23 | provides food, fuel, shower or other sanitary facilities, | ||||||
| 24 | and lawful overnight truck parking. | ||||||
| 25 | (7) Emergency rooms within general acute care | ||||||
| 26 | hospitals, in which case the notice may be posted by | ||||||
| |||||||
| |||||||
| 1 | electronic means. | ||||||
| 2 | (8) Urgent care centers, in which case the notice may | ||||||
| 3 | be posted by electronic means. | ||||||
| 4 | (9) Farm labor contractors. For purposes of this Act, | ||||||
| 5 | "farm labor contractor" means: (i) any person who for a | ||||||
| 6 | fee or other valuable consideration recruits, supplies, or | ||||||
| 7 | hires, or transports in connection therewith, into or | ||||||
| 8 | within the State, any farmworker not of the contractor's | ||||||
| 9 | immediate family to work for, or under the direction, | ||||||
| 10 | supervision, or control of, a third person; or (ii) any | ||||||
| 11 | person who for a fee or other valuable consideration | ||||||
| 12 | recruits, supplies, or hires, or transports in connection | ||||||
| 13 | therewith, into or within the State, any farmworker not of | ||||||
| 14 | the contractor's immediate family, and who for a fee or | ||||||
| 15 | other valuable consideration directs, supervises, or | ||||||
| 16 | controls all or any part of the work of the farmworker or | ||||||
| 17 | who disburses wages to the farmworker. However, "farm | ||||||
| 18 | labor contractor" does not include full-time regular | ||||||
| 19 | employees of food processing companies when the employees | ||||||
| 20 | are engaged in recruiting for the companies if those | ||||||
| 21 | employees are not compensated according to the number of | ||||||
| 22 | farmworkers they recruit. | ||||||
| 23 | (10) Privately-operated job recruitment centers. | ||||||
| 24 | (11) Massage establishments. As used in this Act, | ||||||
| 25 | "massage establishment" means a place of business in which | ||||||
| 26 | any method of massage therapy is administered or practiced | ||||||
| |||||||
| |||||||
| 1 | for compensation. "Massage establishment" does not | ||||||
| 2 | include: an establishment at which persons licensed under | ||||||
| 3 | the Medical Practice Act of 1987, the Illinois Physical | ||||||
| 4 | Therapy Act, or the Naprapathic Practice Act engage in | ||||||
| 5 | practice under one of those Acts; a business owned by a | ||||||
| 6 | sole licensed massage therapist; or a cosmetology or | ||||||
| 7 | esthetics salon registered under the Barber, Cosmetology, | ||||||
| 8 | Esthetics, Hair Braiding, and Nail Technology Act of 1985. | ||||||
| 9 | (b) The Department of Transportation shall, upon the | ||||||
| 10 | availability of the model notice described in Section 15 of | ||||||
| 11 | this Act, post a notice that complies with the requirements of | ||||||
| 12 | this Act in a conspicuous place near the public entrance of | ||||||
| 13 | each roadside rest area or in another conspicuous location in | ||||||
| 14 | clear view of the public and employees where similar notices | ||||||
| 15 | are customarily posted. | ||||||
| 16 | (c) The owner of a hotel or motel shall, upon the | ||||||
| 17 | availability of the model notice described in Section 15 of | ||||||
| 18 | this Act, post a notice that complies with the requirements of | ||||||
| 19 | this Act in a conspicuous and accessible place in or about the | ||||||
| 20 | premises in clear view of the employees where similar notices | ||||||
| 21 | are customarily posted. | ||||||
| 22 | (d) The organizer of a public gathering or special event | ||||||
| 23 | that is conducted on property open to the public and requires | ||||||
| 24 | the issuance of a permit from the unit of local government | ||||||
| 25 | shall post a notice that complies with the requirements of | ||||||
| 26 | this Act in a conspicuous and accessible place in or about the | ||||||
| |||||||
| |||||||
| 1 | premises in clear view of the public and employees where | ||||||
| 2 | similar notices are customarily posted. | ||||||
| 3 | (e) The administrator of a public or private elementary | ||||||
| 4 | school or public or private secondary school shall post a | ||||||
| 5 | printout of the downloadable notice provided by the Department | ||||||
| 6 | of Human Services under Section 15 that complies with the | ||||||
| 7 | requirements of this Act in a conspicuous and accessible place | ||||||
| 8 | chosen by the administrator in the administrative office or | ||||||
| 9 | another location in view of school employees. School districts | ||||||
| 10 | and personnel are not subject to the penalties provided under | ||||||
| 11 | subsection (a) of Section 20. | ||||||
| 12 | (f) The owner of an establishment registered under the | ||||||
| 13 | Tattoo and Body Piercing Establishment Registration Act shall | ||||||
| 14 | post a notice that complies with the requirements of this Act | ||||||
| 15 | in a conspicuous and accessible place in clear view of | ||||||
| 16 | establishment employees. | ||||||
| 17 | (Source: P.A. 102-4, eff. 4-27-21; 102-131, eff. 1-1-22; | ||||||
| 18 | 102-813, eff. 5-13-22.) | ||||||
| 19 | Section 915. The Child Labor Law of 2024 is amended by | ||||||
| 20 | changing Section 40 as follows: | ||||||
| 21 | (820 ILCS 206/40) | ||||||
| 22 | Sec. 40. Restrictions on employment of minors. | ||||||
| 23 | (a) No person shall employ, allow, or permit a minor to | ||||||
| 24 | work: | ||||||
| |||||||
| |||||||
| 1 | (1) in any mechanic's garage, including garage pits, | ||||||
| 2 | repairing cars, trucks, or other vehicles or using garage | ||||||
| 3 | lifting racks; | ||||||
| 4 | (2) in the oiling, cleaning, or wiping of machinery or | ||||||
| 5 | shafting; | ||||||
| 6 | (3) in or about any mine or quarry; | ||||||
| 7 | (4) in stone cutting or polishing; | ||||||
| 8 | (5) in any factory work; | ||||||
| 9 | (6) in or about any plant manufacturing explosives or | ||||||
| 10 | articles containing explosive components, or in the use or | ||||||
| 11 | transportation of same; | ||||||
| 12 | (7) in or about plants manufacturing iron or steel, | ||||||
| 13 | ore reduction works, smelters, foundries, forging shops, | ||||||
| 14 | hot rolling mills or any other place in which the heating, | ||||||
| 15 | melting, or heat treatment of metals is carried on; | ||||||
| 16 | (8) in the operation of machinery used in the cold | ||||||
| 17 | rolling of heavy metal stock, or in the operation of | ||||||
| 18 | power-driven punching, shearing, stamping, or metal plate | ||||||
| 19 | bending machines; | ||||||
| 20 | (9) in or about logging, sawmills or lath, shingle, or | ||||||
| 21 | cooperage-stock mills; | ||||||
| 22 | (10) in the operation of power-driven woodworking | ||||||
| 23 | machines, or off-bearing from circular saws; | ||||||
| 24 | (11) in the operation and repair of freight elevators | ||||||
| 25 | or hoisting machines and cranes; | ||||||
| 26 | (12) in spray painting; | ||||||
| |||||||
| |||||||
| 1 | (13) in occupations involving exposure to lead or its | ||||||
| 2 | compounds; | ||||||
| 3 | (14) in occupations involving exposure to acids, dyes, | ||||||
| 4 | chemicals, dust, gases, vapors, or fumes that are known or | ||||||
| 5 | suspected to be dangerous to humans; | ||||||
| 6 | (15) in any occupation subject to the Amusement Ride | ||||||
| 7 | and Attraction Safety Act; | ||||||
| 8 | (16) in oil refineries, gasoline blending plants, or | ||||||
| 9 | pumping stations on oil transmission lines; | ||||||
| 10 | (17) in the operation of laundry, dry cleaning, or | ||||||
| 11 | dyeing machinery; | ||||||
| 12 | (18) in occupations involving exposure to radioactive | ||||||
| 13 | substances; | ||||||
| 14 | (19) in or about any filling station or service | ||||||
| 15 | station, except that this prohibition does not extend to | ||||||
| 16 | employment within attached convenience stores, food | ||||||
| 17 | service, or retail establishments; | ||||||
| 18 | (20) in construction work, including demolition and | ||||||
| 19 | repair; | ||||||
| 20 | (21) in any energy generation or transmission service; | ||||||
| 21 | (22) in public and private utilities and related | ||||||
| 22 | services; | ||||||
| 23 | (23) in operations in or in connection with | ||||||
| 24 | slaughtering, meat packing, poultry processing, and fish | ||||||
| 25 | and seafood processing; | ||||||
| 26 | (24) in operations which involve working on an | ||||||
| |||||||
| |||||||
| 1 | elevated surface, with or without use of equipment, | ||||||
| 2 | including, but not limited to, ladders and scaffolds; | ||||||
| 3 | (25) in security positions or any occupations that | ||||||
| 4 | require the use or carrying of a firearm or other weapon; | ||||||
| 5 | (26) in occupations which involve the handling or | ||||||
| 6 | storage of human blood, human blood products, human body | ||||||
| 7 | fluids, or human body tissues; | ||||||
| 8 | (27) in any mill, cannery, factory, workshop, or coal, | ||||||
| 9 | brick, or lumber yard; | ||||||
| 10 | (28) any occupation which is prohibited for minors | ||||||
| 11 | under federal law; or | ||||||
| 12 | (29) in any other occupation or working condition | ||||||
| 13 | determined by the Director to be hazardous. | ||||||
| 14 | (b) No person shall employ, allow, or permit a minor to | ||||||
| 15 | work at: | ||||||
| 16 | (1) any cannabis business establishment subject to the | ||||||
| 17 | Cannabis Regulation and Tax Act or Compassionate Use of | ||||||
| 18 | Medical Cannabis Program Act; | ||||||
| 19 | (2) any establishment subject to the Live Adult | ||||||
| 20 | Entertainment Facility Surcharge Act; | ||||||
| 21 | (3) any firearm range or gun range used for | ||||||
| 22 | discharging a firearm in a sporting event, for practice or | ||||||
| 23 | instruction in the use of a firearm, or the testing of a | ||||||
| 24 | firearm, except for a scorer age 14 years or older at the | ||||||
| 25 | World Shooting and Recreational Complex on the dates of | ||||||
| 26 | the U.S. Open and the Grand American World Trapshooting | ||||||
| |||||||
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| 1 | Championship who is located, during those competitions, at | ||||||
| 2 | least 15 feet behind the firing line of the trap shooters | ||||||
| 3 | participating in the competitions; | ||||||
| 4 | (4) any establishment in which items containing | ||||||
| 5 | alcohol for consumption are manufactured, distilled, | ||||||
| 6 | brewed, or bottled; | ||||||
| 7 | (5) any establishment where the primary activity is | ||||||
| 8 | the sale of alcohol or tobacco; | ||||||
| 9 | (6) an establishment operated by any holder of an | ||||||
| 10 | owners license subject to the Illinois Gambling Act; or | ||||||
| 11 | (7) any other establishment which State or federal law | ||||||
| 12 | prohibits minors from entering or patronizing. | ||||||
| 13 | (c) An employer shall not allow minors to draw, mix, pour, | ||||||
| 14 | or serve any item containing alcohol or otherwise handle any | ||||||
| 15 | open containers of alcohol. An employer shall make reasonable | ||||||
| 16 | efforts to ensure that minors are unable to access alcohol. | ||||||
| 17 | (d) An employer may allow minors aged 14 and 15 to work in | ||||||
| 18 | retail stores, except that an employer shall not allow minors | ||||||
| 19 | to handle or be able to access any goods or products which are | ||||||
| 20 | illegal for minors to purchase or possess. | ||||||
| 21 | (e) No person shall employ, allow, or permit an unlicensed | ||||||
| 22 | minor to perform work in the practice of barber, cosmetology, | ||||||
| 23 | esthetics, hair braiding, and nail technology services | ||||||
| 24 | requiring a license under the Barber, Cosmetology, Esthetics, | ||||||
| 25 | Hair Braiding, and Nail Technology Act of 1985, except for | ||||||
| 26 | students enrolled in a school and performing barber, | ||||||
| |||||||
| |||||||
| 1 | cosmetology, esthetics, hair braiding, and nail technology | ||||||
| 2 | services in accordance with that Act and rules adopted under | ||||||
| 3 | that Act. No person shall employ, allow, or permit an | ||||||
| 4 | unlicensed minor to perform work in the practice of cirrology | ||||||
| 5 | requiring a license under the Textured Hair Licensing Act, | ||||||
| 6 | except for students enrolled in a school and performing | ||||||
| 7 | cirrology services in accordance with that Act and rules | ||||||
| 8 | adopted under that Act. | ||||||
| 9 | (f) A person may employ, allow, or permit a minor to | ||||||
| 10 | perform office or administrative support work that does not | ||||||
| 11 | expose the minor to the work prohibited in this Section. | ||||||
| 12 | (Source: P.A. 103-721, eff. 1-1-25; 104-16, eff. 1-1-26.) | ||||||
| 13 | Section 999. Effective date. This Act takes effect upon | ||||||
| 14 | becoming law, except that Sections 900, 902, 903, 905, 910, | ||||||
| 15 | and 915 take effect 18 months after becoming law. | ||||||
